40 Tex. Admin. Code § 373.1 - Supervision of Non-Licensed Personnel
(a)
Occupational Therapists are fully responsible for the planning and delivery of
occupational therapy services. They may use non-licensed personnel to extend
their services; however, the non-licensed personnel must be under the
supervision of an occupational therapy practitioner.
(b) Supervision in this section for
occupational therapy aides as defined by the Occupational Therapy Practice Act
§454.002 (relating to Definitions) is on-site contact whereby the
supervising occupational therapy practitioner is able to respond immediately to
the needs of the client.
(c)
Supervision of other non-licensed personnel either on-site or via telehealth
requires that the occupational therapy practitioner maintain line of sight of
the services provided.
(d) When
occupational therapy practitioners delegate occupational therapy tasks to
non-licensed personnel, the occupational therapy practitioners are responsible
for ensuring that this person is adequately trained in the tasks
delegated.
(e) The occupational
therapy practitioners providing the intervention must interact with the client
regarding the client's condition, progress, and/or achievement of goals during
each intervention session.
(f)
Delegation of tasks to non-licensed personnel includes, but is not limited to:
(1) assisting in the construction of
adaptive/assistive equipment and splints. The licensee must be attending for
any initial applications to the client. When telehealth may be used for the
supervision of non-licensed personnel as described in this section, the
licensee may attend via telehealth, provided the licensee maintains line of
sight of the services provided;
(2)
carrying out a predetermined segment or task in the client's care for which the
client has demonstrated some previous performance ability in executing the
task.
(g) The
Non-Licensed Personnel may not:
(1) perform
occupational therapy evaluative procedures;
(2) initiate, plan, adjust, or modify
occupational therapy procedures;
(3) act on behalf of the occupational
therapist in any matter relating to occupational therapy that requires decision
making or professional judgments;
(4) write or sign occupational therapy
documents in the permanent record. However, non-licensed personnel may record
quantitative data for tasks delegated by the supervising occupational therapy
practitioner. Any documentation reflecting activities by non-licensed personnel
must identify the name and title of that person and the name of the supervising
occupational therapy practitioner.
Notes
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