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RULE §114.75Scope and Conditions of Practice

(a) Initial patient consultation in facilities providing inpatient healthcare, rehabilitation, or therapy may be performed only pursuant to:

  (1) a written request for consultation for the specific patient that has been signed by a member of that patient' s healthcare team from the facility, including the licensed physician, health care professional, physical therapist, or occupational therapist; or

  (2) a request initiated by the patient or the patient' s representative before any consultation in the facility is performed.

(b) Emergency consultation and treatment. Practitioners may perform initial consultation and/or treatment for a patient while in a hospital emergency room or department, operative room or holding area, or otherwise emergent situation pursuant to a written order or a documented verbal order that is corroborated by information in the patient' s medical record.

(c) Practitioners shall not provide or attempt to provide a consultation:

  (1) in violation of this chapter; or

  (2) that is prohibited by Texas Occupations Code, §102.001.

(d) Practitioners shall prohibit any person affiliated in any way with their practice, or the practice of an accredited facility for which they serve as practitioner in charge, from providing or attempting to provide a consultation:

  (1) in violation of this chapter; or

  (2) that is prohibited by Texas Occupations Code, §102.001.

(e) Order required. Practitioners and facilities shall ensure that the following standards are followed in the provision of orthotic and/or prosthetic services.

  (1) All fitting, including test fitting, and/or delivery requires a written order. The order initially may be provided verbally and documented in the patient's record. A subsequent written order must be obtained promptly.

  (2) The order must be obtained from a licensed physician or authorized health care professional, and must be in the format prescribed by the law and rules governing the prescribing physician or health care professional.

  (3) A practitioner shall obtain a new order before providing a new orthosis or prosthesis to an established patient.

  (4) A practitioner may adjust, repair or maintain an orthosis or prosthesis, and provide replacement soft goods, supplies, and components in accordance with the existing order for an established patient.

(f) Requirement for practice setting of licensees.

  (1) A person licensed under the Act, Texas Occupations Code, Chapter 605, who practices in Texas shall practice only in facilities accredited under the Act unless the facility is one to which the accreditation requirement does not apply in accordance with §605.260(e) of the Act.

  (2) Persons licensed or registered under this title may provide orthotic or prosthetic care to an established patient of an accredited facility in the patient's private residence.

  (3) The scope of practice in a facility accredited in accordance with the Act includes offsite and telehealth practice by individual licensees within the licensees' scope of practice as appropriate and commensurate with the medical or physical limitations or disabilities of the patient.

Source Note: The provisions of this §114.75 adopted to be effective November 1, 2018, 43 TexReg 6950; amended to be effective May 1, 2022, 47 TexReg 2524

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