Orthotists and Prosthetists

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.

Orthotic and Prosthetic 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.


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News & Updates

TDLR Health Monitor – October 2020 Edition

Articles in this October 2020 edition of The Health Monitor include updates on:

  • New Training Requirements for Human Trafficking Prevention
  • 87th Texas Legislature Convenes in January
  • Virtual Midwives Educational Summit
  • Rule Amendments for Hearing Instrument Fitters & Dispensers
  • Changes to Continuing Medical Education Activity for Podiatrists

Notice of Intent to Review

Deadline for comments—November 9, 2020

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal the chapters listed below, in their entirety, contained in Title 16, Part 4, of the Texas Administrative Code. This review and consideration is being conducted in accordance with Texas Government Code §2001.039.

Business and Professionals Programs

Chapter 76, Water Well Drillers and Water Well Pump Installers.

Transportation Safety Programs

Chapter 84, Driver Education and Safety.

Business and Consumer Safety Programs

Chapter 85, Vehicle Storage Facilities.

Chapter 86, Vehicle Towing and Booting.

Medical and Health Professions Programs

Chapter 100, General Provisions for Health-Related Programs.

Chapter 110, Athletic Trainers.

Chapter 111, Speech-Language Pathologists and Audiologists.

Chapter 112, Hearing Instrument Fitters and Dispensers.

Chapter 114, Orthotists and Prosthetists.

Chapter 115, Midwives.

Chapter 116, Dietitians.

During the review, the Department will assess whether the reasons for adopting or readopting the rules in these chapters continue to exist. The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures. This review is required every four years.

Written comments regarding the review of these chapters may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment); by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to the rules in these chapters as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Filed with the Office of the Secretary of State on September 30, 2020.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation

TDLR Adopts Administrative Rules

The Texas Commission of Licensing and Regulation adopted amendments to the Orthotists and Prosthetists program rules (16 Texas Administrative Code, Chapter 114, §114.40). The adopted amendments are necessary to implement the requirements of House Bill 2059, 86th Legislature, Regular Session (2019), and Texas Occupations Code, Chapter 116, requiring human trafficking prevention training for health care practitioners prior to the renewal of a license. The adopted amendments also amend the rule section’s definition of “licensee” to reflect the definition used throughout Chapter 114 for purposes of clarity and consistency.

The adoption justification was published in the July 24, 2020, issue of the Texas Register (45 TexReg 5183). The updated rule chapter will be made available upon its effective date of August 1, 2020.

86th Legislative Session Update

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

Updates to Orthotists and Prosthetists law(s)

House Bill 2847 passed by the 86th Texas Legislature, amended Occupations Code, Chapter 605, relating to the licensing and regulation of certain occupations, activities, and agreements; providing a civil penalty; authorizing fees; requiring an occupational registration and an occupational license.  House Bill 2847 and the changes to Chapter 605  became effective September 1, 2019. TDLR encourages all persons interested in the Orthotists and Prosthetists program to review the updated Occupations Code, Chapter 605.

Governor Approves Regulatory Suspensions to Facilitate Services to Orthotist and Prosthetist Clients During the COVID-19 Pandemic

To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements to provide Orthotists and Prosthetists with more flexibility regarding oversight of facility operations.

This suspension is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires.

In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend Texas Occupations Code §605.260(c), suspending the requirement that a licensed orthotist and/or prosthetist provide on-site direction at an accredited facility.

COVID-19: Continuing Education Waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpage for the most up-to-date information.

Guidance Statement on TDI Rules Related to Senate Bill 1264

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response

On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: recovery@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Behavior Analysts
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email recovery@tdlr.texas.gov.

Orthotists and Prosthetists: One Year Update

In 2015, the Texas Legislature passed Senate Bill 202, transferring the Orthotists & Prosthetists program from the Department of State Health Services (DSHS) to the Texas Department of Licensing & Regulation (TDLR).

The program transfer took place in October 2016. As part of our mission to deliver improved services at a lower cost to Texans, TDLR reduced the following fees for the Orthotists & Prosthetists program:

Orthotists & Prosthetists DSHS Fee TDLR Fee $ Reduced % Reduced
Jurisprudence Exam $35 $34 $1 3%
Written License / Certification Verification Fee $25 $0 $25 100%
Changing the name of an accredited orthotics or prosthetics facility $400 $50 $350 88%
Changing the name of an accredited orthotics and prosthetics facility $500 $50 $450 90%
Changing the name of the on-site practitioner in charge of an accredited facility $100 $50 $50 50%
Changing the name of the safety manager of an accredited facility $100 $50 $50 50%
Criminal History Evaluation Letter $50 $25 $25 50%
Reinstatement Fee $100 $0 $100 100%

 

We’ve also reduced processing and administrative fees for each online transaction. Thanks to these reductions, Texas Orthotists & Prosthetists kept $3,857.00 in their pockets in their first year at TDLR. (October 2016 – September 2017)

In addition, TDLR reduced the word count in the Orthotists & Prosthetists program administrative rules to make them clear, concise, and easier to read--without impacting their effectiveness:

Orthotists & Prosthetists DSHS Rules TDLR Rules Word Difference % Reduced
Administrative Rules Word Count 24,948 12,611 12,337 49%

 

At TDLR, one of our core values is open and free communication. During this first year, the 3,913 Orthotists & Prosthetists program email subscribers were contacted 15 times (58,695 emails delivered) so that we could share information about meetings, rule changes, licensing, and more. And beginning in November 2015, all interested parties have been invited to six public meetings of the Orthotists & Prosthetists Advisory Board

TDLR is delivering on our promise to promote transparency and accountability, protect the health and safety of all Texans, and eliminate unnecessary barriers to doing business. We look forward to serving you for many years to come, and always appreciate any feedback.

Inspections of Orthotists and Prosthetists Facilities in Hurricane Disaster Areas

Immediately after Hurricane Harvey, TDLR temporarily stopped periodic inspection of Orthotists and Prosthetists facilities in the disaster areas. On October 16, 2017, we will resume our regular inspection schedule. We will make every effort to avoid locations damaged by flooding. If a TDLR inspector arrives at a business being repaired due to flooding, he/she will return at a later date.

TDLR is continuing to provide a grace period for expired licenses, waive late renewal fees and provide duplicate license replacements for free.

Contact TDLR at recovery@tdlr.texas.gov or 1-800-803-9202 to order a duplicate license at no cost.

If you need to temporarily change your address, phone number, or email address, please update your contact information online.

For more information, visit TDLR’s Harvey web page.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Hurricane Harvey Disaster Response

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.

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.

During this first round of inspections, only very serious violations, such as unlicensed activity, will be referred to the Enforcement Division. Inspectors will use an Orthotic and Prosthetic Facilities Reference Guide to help them perform inspections.  The Orthotic and Prosthetic Facilities Reference Guide (393kb PDF) is available online.


Advisory Board Meetings

January 13, 2020

The Orthotists and Prosthetists Advisory Board met January, 13, 2020 in Austin. The agenda and the staff reports are available online. The meeting was archived and is available on TDLR's YouTube channel.