Orthotists and Prosthetists
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- Inspection Info for Orthotic & Prosthetic Facilities
- Notice of Board Vacancy
- Adoption of new Chapter 100 administrative rules
- Health Professions Transition FAQs
- Repeal of Chapter 140 administrative rules
Inspection Information for Owners and Practitioners-in-Charge of Orthotic and Prosthetic Facilities
Rules reviewed by the Orthotists and Prosthetists Advisory Board and approved by the Texas Commission of Licensing and Regulation require that Orthotic and Prosthetic facilities be inspected once every two years. Inspectors from TDLR’s Field Operations Division will perform unscheduled inspections during your regular business hours beginning in March 2017.
Inspectors will check that your accredited facility is complying with the sanitation, safety, record-keeping and licensing requirements of the law and rules. Inspectors will explain in detail any violations that are noted, what corrective actions to take, and give you a chance to ask questions.
Inspection results fall into one of the following three categories:
- No Corrections Needed – No action required. Your facility is in compliance.
- Corrections Needed – Make corrections within 10 days of the inspection date.
- Violations Sent to Enforcement – Make corrections within 10 days of the inspection date. In addition, a representative of the Enforcement Division may contact you regarding the violations.
Notice of Vacancy on Orthotists and Prosthetists Advisory Board
TDLR announces a vacancy on the Orthotists and Prosthetists Advisory Board (Board) established by Texas Occupations Code, Chapter 605. The purpose of the Orthotists and Prosthetists Advisory Board is to provide advice and recommendations to the Department on technical matters relevant to the administration of this chapter. This announcement is for a public member who uses an orthosis.
The Board consists of seven members appointed by the presiding officer of the Texas Commission of Licensing and Regulation (Commission), with the approval of the Commission. The advisory board consists of the following members:
(1) two licensed orthotists who each have practiced orthotics for the five years preceding the date of appointment;
(2) two licensed prosthetists who each have practiced prosthetics for the five years preceding the date of appointment;
(3) one licensed prosthetist orthotist who has practiced orthotics and prosthetics for the five years preceding the date of appointment;
(4) one member who is a representative of the public who uses an orthosis; and
(5) one member who is a representative of the public who uses a prosthesis.
Members serve staggered six-year terms. The terms of two or three members expire on February 1 of each odd-numbered year.
Interested persons should submit an online application. Applicants can also request an application from the Department by telephone (800) 803-9202 or e-mail firstname.lastname@example.org.
Issued in Austin, Texas on October 19, 2016.
Texas Department of Licensing and Regulation
The Texas Commission of Licensing and Regulation adopted new rules regarding the General Provisions For Health Related Programs (16 Texas Administrative Code, Chapter 100, §100.1, 100.10, 100.20, 100.30 and 100.40).
Health Professions Transition FAQs
1. When did the transfer happen?
The Texas Department of Licensing and Regulation (TDLR) assumed all activities relating to the Orthotists and Prosthetists program including licenses and renewals, customer service and enforcement on October 3, 2016.
2. Now that the transfer is complete, will I need to get a new license issued by TDLR?
No. The license you have now issued by the Texas Department of State Health Services (DSHS) remains valid until its expiration date. When you renew, you will receive a TDLR license.
3. Have the rules changed?
Yes, TDLR adopted rules for all of the transferred programs. Most of the newly adopted rules are very similar, but some changes have been made. The TDLR health profession rules became effective on October 1, 2016. View the rule changes and links to the TDLR rules
4. What is going to happen with open complaints and cases?
If you filed a complaint with DSHS or had a complaint filed against your license and it was not resolved by the transfer date, TDLR assumed responsibility for the case. You should have already received notification by mail that your complaint was transferred to TDLR.
5. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings TDLR’s advisory board and Commission meetings are available to watch online live or later at your convenience.
- Facebook and Twitter TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.
6. Why was my license expiration date extended? Will I have the same expiration date in the future?
To ease the transition, DSHS extended the expiration date by two months for licenses previously set to expire in August, September, and October 2016. For example, if your original expiration date was September 30, your new expiration date is November 30. If your license was extended, you will continue to renew your license in the new expiration month in the future.
7. Will I have to renew on a different schedule?
You will renew on the same schedule unless your license expired in August, September or October 2016. Licenses expiring in those months were extended for two months to ease the transition from DSHS to TDLR. If your license was extended, you will now renew in your new expiration month for future renewals. Your license expiration date will not return to your original expiration month.
8. Why were licensing programs transferred from DSHS to TDLR?
The transfer is the result of a change to Texas law. In 2015, the Texas Legislature passed Senate Bill 202, which transferred several licensing programs from the DSHS to TDLR.
Repeal of Chapter 140 administrative rules
JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
General Provisions for Orthotics and Prosthetics Program
16 TAC Chapter 140, repeal of §§140.1 - 140.31
The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 140, §§140.1 - 140.31, regarding the Orthotists and Prosthetists program, without changes to the proposed text as published in the October 21, 2016, issue of the Texas Register (41 TexReg 8236). The repeals will not be republished.
The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department). Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.
On April 13, 2016, the Commission adopted its own set of rules for the Orthotists and Prosthetists program located at 16 TAC Chapter 114. The Commission’s rules were effective October 1, 2016. (41 TexReg 4467). The Department officially commenced all regulatory functions for the Orthotists and Prosthetists program on October 3, 2016.
The current 16 TAC Chapter 140 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 821. The adopted repeal is necessary to complete the implementation of S.B. 202.
The adopted repeal of §§140.1 - 140.31 eliminates industry and public confusion by removing duplicate and obsolete rules for the Orthotists and Prosthetists program.
The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the October 21, 2016, issue of the Texas Register (41 TexReg 8236). The deadline for public comments was November 21, 2016. The Department did not receive any comments on the proposed repeal during the 30-day public comment period.
At its meeting on January 27, 2017, the Commission adopted the proposed repeal.
The repeal is adopted under Texas Occupations Code, Chapters 51 and 605, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 605. No other statutes, articles, or codes are affected by the adoption.
[§140.3. Operation of the Board.]
[§140.5. General Application Procedures.]
[§140.6. General Licensing Procedures.]
[§140.7. Examinations for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist.]
[§140.8. Acquiring Professional Licensure as a Uniquely Qualified Person.]
[§140.9. Licensing by Examination.]
[§140.10. Assistant License.]
[§140.11. Technician Registration.]
[§140.12. Temporary License.]
[§140.13. Student Registration.]
[§140.14. Upgrading a Student Registration.]
[§140.15. Accreditation of Prosthetic and Orthotic Facilities.]
[§140.16. Standards, Guidelines, and Procedures for a Professional Clinical Residency.]
[§140.17. License Renewal.]
[§140.18. Continuing Education.]
[§140.19. Change of Name and Address.]
[§140.21. Professional Standard and Disciplinary Provisions.]
[§140.22. Licensing Persons with Criminal Backgrounds.]
[§140.23. Default Order.]
[§140.24. Surrender of License.]
[§140.25. Suspension of License under the Family Code.]
[§140.26. Civil Penalty.]
[§140.27. Program Accessibility.]
[§140.28. Consumer Notification.]
[§140.29. Petition for the Adoption of a Rule.]
[§140.30. Criminal History Evaluation Letter.]
[§140.31. Licensing of Military Service Members, Military Veterans, and Military Spouses.]
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State, on February 7, 2017.
Brian E. Francis
Texas Department of Licensing and Regulation
The Orthotists and Prosthetists program regulates orthotists and prosthetists, orthotic and prosthetic assistants, students, and technicians, and orthotic and prosthetic facilities. A license is required to provide orthotic and prosthetic services in Texas, unless an individual or facility is exempted by law. These services comprise the science and practice of measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis or prosthesis for the correction or alleviation of a neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity under an order from:
- a licensed physician
- a chiropractor
- a podiatrist; or
- an advanced practice nurse or a physician assistant who is acting under the delegation and supervision of a licensed physician
"Orthosis" means a custom-fabricated or custom-fitted medical device designed to provide for the support, alignment, prevention, or correction of a neuromuscular or musculoskeletal disease, injury, or deformity. The term does not include: a fabric or elastic support, corset, arch support, low-temperature plastic splint, truss, elastic hose, cane, crutch, soft cervical collar, orthosis for diagnostic or evaluation purposes, dental appliance, or any other similar device carried in stock and sold by a drugstore, department store, or corset shop."Prosthesis" means a custom-fabricated or custom-fitted medical device used to replace a missing limb, appendage, or other external human body part but that is not surgically implanted. The term includes an artificial limb, hand, or foot. The term does not include: an artificial eye, ear, finger, or toe; a dental appliance; a cosmetic device, including an artificial breast, eyelash, or wig; or another device that does not have a significant impact on the musculoskeletal functions of the body.
The Orthotists and Prosthetists Advisory Board met August 19 in Austin. The agenda and the staff reports are online. The meeting was archived and is available on TDLR's YouTube channel.
On October 14, 2015, the Texas Commission of Licensing and Regulation voted unanimously to appoint five members to the Orthotists and Prosthetists Advisory Board:
- Orthotist: Kevin Matthews, Converse, Texas. Term expires 2/1/2019.
- Orthotist: Miguel Mojica, Coppell, Texas. Term expires 2/1/2017.
- Prosthetist: Sterling Phillips, Lubbock, Texas. Term expires 2/1/2021.
- Prosthetist: Randall Duncan, McKinney, Texas. Term expires 2/1/2017.
- Orthotist/Prosthetist: Catherine Mize, Double Oak, Texas. Term expires 2/1/2021.