http://www.ecptote.state.tx.

us/facility/
The Texas Occupational Therapy and Physical Therapy Acts require that facilities providing therapy must be registered with the board, unless exempted by law. Consult the rules BEFORE you register a facility or take any other important facility-related action. (OT Chapter 376, PT Chapter 347) Who Must Register If you are offering OT or PT services in a place that is not exempt, you must register with the board. Therapists who work in facilities that are not exempt and not registered can be disciplined by the board. Facilities that violate the law can be fined. What Is Exempt The following types of facilities are exempt from the registration requirement. y y y Home health settings-where services are provided in the home of the patient, whether through a home health agency, or otherwise. Educational institutions-schools, colleges, universities. Facilities licensed under Subtitle B, Title 4, Health and Safety Code, i.e., hospitals, convalescent and nursing homes and related institutions (including nursing facilities and skilled nursing facilities), ambulatory surgical centers, birthing centers, abortion, continuing care, personal care, and special care facilities. You must possess a license from the Texas Department of State Health Services (DSHS) or the Texas Department of Aging and Disability Services (DADS) as one of these facilities to be exempt under this provision. However, even exempted facilities may have to register if certain conditions apply, as described below: DEADLINE SET FOR REGISTRATION: o If a hospital owns an offsite (off-premise) outpatient facility that offers physical therapy or occupational therapy, that facility must be registered with the board no later than 12/31/2009. Hospitals that are licensed by DSHS under the Health and Safety Code, Chapter 241, and provide outpatient physical therapy or occupational therapy on the licensed hospital premises, continue to be exempt from facility registration. However, that licensure does not include offsite or off-premise facilities providing outpatient PT or OT services. See the DSHS Health Facility home page for more information. o If a Nursing Facility or Assisted Living Facility licensed by DADS provides outpatient PT or OT services, it must register with the Board no later than 12/31/2009. DADS licenses and regulates facilities with respect to the care and treatment of permanent residents only, and does not regulate care provided to outpatients. If services are provided to residents only, the facility does not need to register with the OT or PT Board. See DADS Provider Letter 08-17 at the DADS provider resources page.

Examples of facilities that must register y y A clinic where a therapist operates a private practice. A physician, chiropractor or other practitioner's office that offers occupational or physical therapy.

y y y

A child or adult day care center or other facility that does not hold a license under Subtitle B, Title 4, Health and Safety Code. A license under another part of state law does not exempt a facility from registration. A Comprehensive Outpatient Rehabilitation Facility (CORF), Community Mental Health Facility, or other facility that is not licensed under Subtitle B, Title 4, Health and Safety Code. Medicare certification or other approval by a funding source does not exempt a facility from registration. A hospital outpatient facility that offers offsite outpatient PT or OT services (Reference: Sections of DSHS rules regarding what is covered in a hospital license). A nursing facility or assisted living facility that offers PT or OT services to nonresidents. Any other practice setting that does not meet one of the requirements for exemption.

Timing As of March 1, 2004, a facility must complete the registration process BEFORE it can legally provide physical or occupational therapy services. The board normally issues a registration within several days of receiving a complete application. (This does not take into account the time it takes the application to reach the board, or the time it takes for the board to mail it back to you.) If the application is incomplete, the application will be delayed. If a licensed therapist provides services in the facility before the registration certificate is up on the wall, both the therapist and the facility are subject to disciplinary action by the appropriate board. Therapist in Charge A registered facility must designate a therapist in-charge (TIC). The therapist in charge must hold a Texas license. The therapist in charge must supervise the provision of occupational or physical therapy in accordance with the Acts and rules. The therapist in charge may be hired by contract or may be a regular employee. The therapist in charge is not necessarily in charge of the business operation of the facility but is responsible for the provision of therapy services and for compliance with board rules. If the therapist in charge leaves the facility, that therapist or the facility owner must notify the board. Facilities are obliged to notify the board of any change in the therapist in charge within 30 days. If there is no therapist in charge, no therapy services may be provided at that facility. Canceling a facility registration/Closing a facility in lieu of letting a registration expire If registered services will no longer be provided at a facility, the owner notify the board in writing and return the registration certificate and any existing renewal certificates to the board. If the owner notifies the board that the facility is no longer providing services and returns the certificates, the owner may restore that facility's registration at a future date by meeting the renewal requirements. No late fees will accrue. If the owner of a facility does not notify the Board of the facility's closing, and the facility's registration expires, late fees will be due when the facility applies to renew the registration. Ownership

For the purposes of facility registration, the facility owner is the person or entity who has the right to receive the payment and the explanation of benefits (EOB) from the payer/insurer. This is in accordance with the definition of owner and ownership interest in Title 1, Chapter 1, Subchapter A, Section 1.002 of the Texas Business Organization Code. It ties the responsibility for the management of the facility to the profits the facility makes. In practice, this means that the Therapist in Charge is often not the owner of a facility. The Therapist in Charge can be listed as the owner of the facility only when he or the company in which he has an ownership interest - is the person/entity who has the right to the payment and the EOB. Also, a contract company providing PT or OT services to a clinic can be the owner only if it meets the same criteria. In most cases, it is easy to identify the person or entity considered the owner of the facility for registration purposes. If you have any questions about your existing or future registration, contact the Facility Registration Department. Change of ownership Facility registration cannot be transferred to a new owner. If a facility is bought, sold or ownership is otherwise transferred, the new owner must submit a registration application, pay the registration fee, and receive a new facility registration number. The old registration and renewal certificates must be returned to the board. A change of ownership occurs when: y y y y a sole proprietor (individual) incorporates or changes to a partnership; a partnership incorporates or changes to a sole proprietor; a corporation dissolves and changes its status to a partnership or sole proprietor; a sole proprietor (individual), partnership or corporation purchases, sells or transfers the ownership to another individual, partnership or corporation.

Change of Managing Officers If there is a change of managing partners in a partnership, or managing officers in a corporation, the owner of the facility must send the board written notification within 30 days. Please see the rules for the information required on managing officers.