The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Act--The Orthotists and Prosthetists Act, Texas Occupations Code, Chapter 605.
  (2) Advisory board--The Orthotists and Prosthetists Advisory Board.
  (3) Ancillary patient care service--Includes the clinical and technical activities associated with the provision of prosthetic and orthotic services except critical care events.
  (4) Assistant patient care service--Includes comprehensive orthotic patient care (initial patient assessment, prescription development and recommendation, appropriate patient education and training and final evaluation and assessment of fit and function of custom fitted and off-the-shelf orthotic devices) involving pedorthics, compression garments, non-custom fabricated orthoses (except those used to treat scoliosis or an unstable fracture or dislocation), and knee orthoses; and comprehensive prosthetic care involving compression garments, when provided under the appropriate supervision of a practitioner licensed in the practice area in which the service is being provided.
  (5) Board--The Orthotists and Prosthetists Advisory Board.
  (6) CAAHEP--The Commission on Accreditation of Allied Health Education Programs.
  (7) Clinical residency for an assistant--An assistant-level experience of at least 1,000 hours directly supervised by a practitioner.
  (8) Clinical residency for a professional--A professional practitioner-level experience supervised by a practitioner.
  (9) Commission--The Texas Commission of Licensing and Regulation.
  (10) Critical care events--Initial patient assessment, prescription development and recommendation, appropriate patient education and training and final evaluation and assessment of fit and function of the custom-fabricated prosthesis or orthosis.
  (11) Custom-fabricated--An orthosis or prosthesis designed, prescribed, fabricated, fitted and aligned for a specific individual in accordance with sound biomechanical principles.
  (12) Custom-fitted--An orthosis or prosthesis adjusted, prescribed, fitted and aligned for a specific individual in accordance with sound biomechanical principles.
  (13) Department--The Texas Department of Licensing and Regulation.
  (14) Direct supervision--Supervision provided to a clinical resident throughout the fitting and delivery process (which includes ancillary patient care services), including oversight of results and signing-off on all aspects of fitting and delivery.
  (15) Executive director--The executive director of the department.
  (16) Extensive orthotic practice--Includes the evaluation of patients with a wide range of lower limb, upper limb and spinal pathomechanical conditions; the taking of measurements and impressions of the involved body segments; the synthesis of observations and measurements into a custom orthotic design; the selection of materials and components; the fabrication of therapeutic or functional orthosis including plastic forming, metal contouring, cosmetic covering, and assembling; the fitting and assessment of the orthosis; the appropriate follow-up, adjustments, modifications and revisions in an orthotic facility; the training and instruction of patients in the use and care of the orthosis; and maintaining current encounter notes and patient records.
  (17) Extensive prosthetic practice--Includes the evaluation of patients with a wide range of upper and lower limb deficiencies; the taking of measurements and impressions of the involved body segments; the synthesis of observations and measurements into a custom prosthetic design; the selection of materials and components; the fabrication of functional prostheses including plastic forming, metal contouring, cosmetic covering, assembly, and aligning; the fitting and assessment of the prosthesis; the appropriate follow-up, adjustments, modifications and revisions in a prosthetic facility; the training and instruction of patients in the use and care of the prosthesis; and maintaining current encounter notes and patient records.
  (18) Health care professional--A chiropractor, podiatrist, or advanced practice registered nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Texas Occupations Code, Chapter 157, Subchapter B and rules adopted by the Texas Medical Board.
  (19) Indirect supervision--Supervision provided to a licensed assistant or to a person in clinical residency for a professional by a practitioner who provides appropriate on-site supervision as approved by the accredited facility's practitioner in charge.
  (20) License--Includes a license, registration, certificate, or other authorization issued under the Act to engage in an activity regulated under the Act, excluding accreditation of a facility.
  (21) Licensed physician--A physician licensed and in good standing with the Texas Medical Board.
  (22) Licensee--Includes a person holding a current license or registration issued by the department, to engage in an activity regulated under the Act.
  (23) NCOPE--The National Commission on Orthotic and Prosthetic Education.
  (24) Off-the-shelf--A prescribed, prefabricated orthosis that requires minimal self-adjustment by the patient or by a personal caregiver(s) for appropriate use and does not require expertise in trimming, bending, molding, assembling, or customizing to fit to the individual.
  (25) Orthotic facility--A physical site, including a building or office, where the orthotic profession and practice normally take place.
  (26) Orthotist in charge--An orthotist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of orthotics in the facility.
  (27) Patient education--Patient education involves information, instructions, training, and review for understanding that are provided to the patient or caregiver, including donning, doffing, use, care, sanitation, spinal and cranial orthotic training, upper extremity orthotic and prosthetic training, lower extremity orthotic and prosthetic gait training, normal wear and tear, schedule for continuing care, and indications for return to physician or health care professional.
  (28) Practitioner--A person licensed under the Act as a prosthetist, orthotist, or prosthetist/orthotist.
  (29) Practitioner in charge--The orthotist in charge, the prosthetist in charge, or the prosthetist/orthotist in charge.
  (30) Prosthetic facility--A physical site, including a building or office, where the prosthetic profession and practice normally take place.
  (31) Prosthetic/Orthotic facility--A physical site, including a building or office, where the prosthetic and orthotic professions and practices normally take place.
  (32) Prosthetist in charge--A prosthetist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of prosthetics in the facility.
  (33) Prosthetist/Orthotist in charge--A prosthetist/orthotist who is designated on the application for accreditation as the person who has the authority and responsibility for the facility's compliance with the Act and rules concerning the practice of prosthetics and orthotics in the facility.
  (34) Safety manager--An employee of an accredited facility who is assigned to develop, carry out and monitor an accredited facility's safety program.
  (35) Technician--A person who fabricates, assembles, or services prostheses or orthoses under the direction of a licensed prosthetist, a licensed orthotist, a licensed prosthetist/orthotist, a licensed prosthetist assistant, licensed orthotist assistant, or licensed prosthetist/orthotist assistant responsible for the acts of the technician.
  (36) Voluntary charity care--The practice of a licensed practitioner without compensation or expectation of compensation.

Source Note: The provisions of this §114.10 adopted to be effective October 1, 2016, 41 TexReg 4467; amended to be effective September 1, 2018, 43 TexReg 5362; amended to be effective February 1, 2020, 45 TexReg 542