40 Tex. Admin. Code § 364.1 – Requirements for Licensure

(a) All applicants for initial Texas licensure shall:
1. (1) submit a completed application form as prescribed by the Board and non-refundable application fee as set by the Executive Council;
2. (2) submit in paper or electronic form a current color photograph that meets the requirements for a U.S. passport. A photograph in electronic form must be of a high-quality resolution comparable to that of a passport photograph in paper form;
3. (3) submit a successfully completed Board jurisprudence examination on the Act and Rules;
4. (4) have completed academic and supervised field work requirements of an accredited educational program in occupational therapy as per §454.203 of the Act (relating to Qualifications for Occupational Therapist or Occupational Therapy Assistant License) or if foreign-trained, have met substantially equivalent academic and supervised field work requirements as per §454.205 of the Act (relating to Foreign-Trained Applicants);
5. (5) submit a complete and legible set of fingerprints in the manner prescribed by the Board for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation; and
6. (6) either meet the requirements in §364.2 of this title (relating to Initial License by Examination) and apply by examination or meet the requirements in §364.4 of this title (relating to Licensure by Endorsement) and apply by endorsement.
(b) The applicant must also meet the requirements in §364.2 of this title and apply by examination if the applicant:
1. (1) has not passed the NBCOT certification examination; or
2. (2) has passed the NBCOT certification examination and
  1. (A) is not currently licensed as an occupational therapist or occupational therapy assistant in another state or territory of the U.S.; or
  2. (B) if not currently licensed in another state or territory of the U.S., is applying from the U.S. military or a non-licensing state or territory of the U.S. and cannot substantiate occupational therapy employment for at least two years immediately preceding application for a Texas license.
(c) The applicant must also meet the requirements in §364.4 of this title and apply by endorsement if the applicant has passed the NBCOT certification examination and:
1. (1) is currently licensed as an occupational therapist or occupational therapy assistant in another state or territory of the U.S.; or
2. (2) if not currently licensed in another state or territory of the U.S., is applying from the U.S. military or a non-licensing state or territory of the U.S. and can substantiate occupational therapy employment for at least two years immediately preceding application for a Texas license.
(d) Applicants who are military service members, military veterans, and military spouses.
1. (1) The Board shall credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, with respect to an applicant who is a military service member or military veteran. This paragraph does not apply to an applicant who holds a restricted license issued by another territory or state of the U.S. or has an unacceptable criminal history according to Texas Occupations Code Chapter 53 (relating to Consequences of Criminal Conviction), the Act, or the Rules.
2. (2) The Board shall waive the application fees for a military service member, military veteran, or military spouse who is applying for licensure.
3. (3) Alternative licensing and expedited services for military service members, military veterans, or military spouses who hold a current license in another state.
  1. (A) A military service member, military veteran, or military spouse is eligible to apply for licensure by endorsement as per §364.4 of this title if the individual holds a current license issued by another state of the U.S. that is similar in scope of practice to the license in this state, is in good standing with that state's licensing authority, and submits a statement attesting to being in good standing on a form prescribed by the Board. For purposes of this subsection, a military service member, military veteran, or military spouse is in good standing with another state's licensing authority if the individual:
    1. (i) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
    2. (ii) has not been disciplined by the licensing authority with respect to the license or person's practice of occupational therapy; and
    3. (iii) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or occupational therapy.
  2. (B) Not later than the 10th business day after the date the Board receives an application from the military service member, military veteran, or military spouse, the Board shall promptly:
    1. (i) process the application; and
    2. (ii) issue the license to an applicant who has met requirements for licensure.
  3. (C) The Board shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom the agency issues a license under paragraph (3) of this section and publish at least quarterly on its website the information maintained under this subparagraph, including a general description of the disposition of each complaint.
4. (4) In order to request services under this subsection, the military service member, military veteran, or military spouse must, in a manner prescribed by the Board, identify the services requested, notify the Board of the individual's military affiliation, and submit a copy of the Uniformed Services Military ID card or other appropriate official documentation evidencing current or former military affiliation.
5. (5) In this subsection, "military service member," "military veteran," and "military spouse" have the meaning as defined in Chapter 55, Texas Occupations Code, §55.001.
(e) An application for license is valid for one year after the date it is received by the Board.
(f) An applicant who submits an application containing false information may be denied a license by the Board.
(g) Should the Board reject an application for license, the reasons for the rejection will be communicated in writing to the applicant. The applicant may submit additional information and request reconsideration by the Board. If the applicant remains dissatisfied, a hearing may be requested as specified in the Act.
(h) Applicants and new licensees shall refer to Chapter 369 of this title for provisions regarding information changes and verification of temporary or regular license issuance and current licensure.
(i) The first regular license is valid from the date of issuance until the last day of the applicant's birth month, with a duration of at least two years.

Source Note:The provisions of this §364.1 adopted to be effective February 12, 2001, 26 TexReg 1347; amended to be effective July 22, 2001, 26 TexReg 5440; amended to be effective July 22, 2002, 27 TexReg 6545; amended to be effective May 31, 2007, 32 TexReg 2879; amended to be effective September 7, 2009, 34 TexReg 6123; amended to be effective December 2, 2013, 38 TexReg 8681; amended to be effective June 1, 2015, 40 TexReg 3197; amended to be effective January 1, 2016, 40 TexReg 8664; amended to be effective January 1, 2019, 43 TexReg 7911; amended to be effective September 1, 2020, 45 TexReg 5660; amended to be effective December 1, 2025, 50 TexReg 7579.