1. (a) All applicants for initial Texas licensure shall:

   1. (1) submit a complete Board application form or online Board application with a recent passport-type color photograph of the applicant;
   2. (2) submit a non-refundable application fee as set by the Executive Council;
   3. (3) submit a successfully completed Board jurisprudence examination on the Act and Rules;
   4. (4) have completed an accredited OT/OTA program;
   5. (5) have completed supervised fieldwork experience, a minimum of 6 months for OT and 2 months for OTA; 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.

2. (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.

3. (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.

4. (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.
   2. (2) The Board shall waive the application fees for a military service member or military veteran who is applying for a license by examination as per §364.2 of this title (relating to Initial License by Examination). In order to request a waiver of application fees, the military service member or military veteran must submit a copy of the Uniformed Services Military ID card or other appropriate official documentation evidencing current or former military affiliation and notify the Board of his or her military affiliation.
   3. (3) The Board shall waive the application fees and will expedite the issuance of a license for a military service member, military veteran, or military spouse who is applying for licensure by endorsement as per §364.4 of this title (relating to Initial Licensure by Endorsement). In order to request a waiver of application fees and expedited services, the military service member, military veteran, or military spouse must submit a copy of the Uniformed Services Military ID card or other appropriate official documentation evidencing current or former military affiliation and notify the Board of his or her military affiliation.
   4. (4) In this section, "military service member," "military veteran," and "military spouse" have the meaning as defined in Chapter 55, Occupations Code, §55.001.
5. (e) An application for license is valid for one year after the date it is received by the Board. At the end of the year, the application fee must be paid to continue the application process for the second year. The process will then continue under the terms of the original application.
6. (f) An applicant who submits an application containing false information may be denied a license by the Board.
7. (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.
8. (h) Applicants and licensees must notify the Board in writing of changes in name, residential address, work address, mailing address, email address, and/or supervising occupational therapist within 30 days of the change. A copy of the legal document (e.g., a marriage license, court decree, or divorce decree) evidencing the name change must be submitted by the licensee or applicant with any written notification of a change in name.
9. (i) The address of record is the information provided to the public. Until licensees select an address of record, the work address will be used as the default. If no work address is available, the mailing address will be used. If no alternate address is available, the home address will be used. Applicants and licensees may update this information at any time.
10. (j) The Board may issue a copy of a license to replace one lost or destroyed upon receipt from the licensee of a written request on a form prescribed by the Board and the appropriate, non-refundable fee as set by the Executive Council. The Board may issue a replacement copy of a license to reflect a name change upon receipt from the licensee of a written request on a form prescribed by the Board, the appropriate, non-refundable fee as set by the Executive Council, and a copy of the legal document (e.g., a marriage license, court decree, or divorce decree) evidencing the name change.
11. (k) 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.
12. (l) A new licensee with a regular or temporary license may provide occupational therapy services according to the terms of the license upon online verification of current licensure and license expiration date from the Board's license verification web page. The Board will maintain a secure resource for verification of license status and expiration date on its website.
13. (m) Licensees will follow the rules for continuing education, as described in Chapter 367 of this title (relating to Continuing Education).

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.