Part XVI.
Texas Board of Physical Therapy Examiners
Chapter 321.
Definitions
22 TAC §321.1
The Texas Board of Physical Therapy Examiners adopts the
amendment to §321.1, concerning Definitions without changes to the proposed
text as published in the February 19, 1999, issue of the
Texas Register
(24 TexReg 1124). The text will not be republished.
This amendment is being adopted to reflect the repeal of §343.3, Referral
requirements and exceptions to referral requirements and §343.4, Practicing
in a manner detrimental to the public health and welfare, and the adoption
of new Chapter 322, Practice.
This amendment deletes the definitions of "physical therapist assistant"
and "physical therapy aide" from the rule to reflect the adoption of new Chapter
322, Practice, in which previously adopted rules regarding the practice of
physical therapy will be collected. The amendment to this rule will also incorporate
several definitions previously found in §343.3, Referral requirements
and exceptions to referral requirements.
No comments were received regarding the amendment of this section.
The rule is adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901814
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 15, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
22 TAC §§322.1-322.4
The Texas Board of Physical Therapy Examiners adopts new
Chapter 322, §§322.1 -322.4, concerning Practice, without
changes to the proposed text as published in the February 19, 1999, issue
of the
Texas Register
(24 TexReg 1126). The
text of the rule will not be republished.
This new chapter is being adopted to provide easier access to rules describing
how and by whom physical therapy services are provided.
This new chapter is a compilation of previously adopted rules from §§321.1,
343.3, and 343.4, which directly address the practice of physical therapy.
Comments were received from one individual. This individual suggested that
the board define several terms more completely.
The comments were neither for or against the new rule, but addressed concerns
the individual has regarding certain definitions already in effect.
The board's response is that at this time, Chapter 322 is being adopted
to reorganize existing rules, not to add to or change the rules under which
physical therapy is now provided. The board will address changes to the rules
for the practice of physical therapy in future amendments to Chapter 322.
The rule is adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901813
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 15, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
22 TAC §323.4
The Texas Board of Physical Therapy adopts the amendment
to §323.4, concerning Applications Review Committee without changes to
the proposed text as published in the February 19, 1999, issue of the
This amendment is being adopted to give the board the ability to respond
quickly to changes in the quality of service provided by credentialing entities
who evaluate foreign-trained applicants, which will ensure higher quality
services for consumers.
This amendment will delete outdated requirements concerning the review
of credentialing entities by the committee, remove the names of board-approved
credentialing entities from rule so that they may be established by policy,
and update a reference to a related rule.
No comments were received regarding the amendment of this section.
The rule is adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901812
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 15, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
22 TAC §329.5
The Texas Board of Physical Therapy Examiners adopts amendments
to §329.5, concerning Licensing procedures for Foreign-Trained Applicants
with nonsubstantive changes to the proposed text as published in the February
19, 1999, issue of the
Texas Register
(24
TexReg 1130).
This amendment is being adopted to conform to federal laws and clarify
the requirements for licensure.
This amendment adds a requirement for prescreening of foreign-trained applicants
as required by federal law; establishes that the prescreening must be done
by a board-approved prescreening entity as named in board policy; establishes
that board-approved credentialing entities will by named in policy rather
than rule; eliminates redundant references to certain educational requirements;
and eliminates confusing terminology.
No comments were received regarding the amendment of this section.
The rule is adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
§329.5. Licensing procedures for foreign-trained applicants.
(a)
The provisions of §329.1 of this title (relating
to General Licensing Procedure) apply to foreign-trained applicants with the
exception of §329.1(a)(1)(A)-(C).
(b)
If required by §343 of the U.S. Illegal Immigration
Reform and Immigrant Responsibility Act, the foreign-trained applicant must
present a prescreening certificate issued by a board-approved prescreening
entity. The board will establish by policy a list of board-approved prescreening
entities, which will be made available to foreign-trained applicants on request.
(c)
The foreign-trained applicant's educational credentials
and qualifications will be evaluated by a board-approved credentialing entity
in accordance with the requirements of subsection (h) of this section. The
board will establish by policy a list of approved credentialing entities,
which will be made available to the foreign-trained applicant on request.
In the event that the board-approved entity in an evaluation does not adhere
to the guidelines of subsection (h) of this section, the Applications Review
Committee may override the evaluation. An evaluation by a board-approved education
credentialing entity is valid for the purpose of licensing in this state for
not more than two years after the date of issuance of the evaluation.
(d)
If the evaluation is accepted by the board, the applicant
will be considered for a temporary license. Following approval of all application
materials, the foreign-trained applicant will be notified in writing that
he or she has fulfilled all requirements for license by examination in Texas
and is eligible for a temporary license. A temporary license may be issued
under requirements set by §329.3 of this title (relating to Temporary
License for Examination Candidates).
(e)
After arrival in the United States, the applicant must
submit a United States residential address and pay all remaining fees. The
residential address must be received before the second deadline set for the
examination.
(f)
Falsification of any documents required by the board for
issuance of a temporary license will result in such temporary license being
null and void and prohibition against the issuance of another temporary license
to the applicant.
(g)
Designated representative letter.
(1)
An applicant may designate a person as a representative
by providing in writing to the board the name, telephone number, and address
of the person and by stating in the letter that the person will be the designated
representative for the applicant.
(2)
This letter must be notarized by a notary of the
country in which the applicant resides and sent directly to the board. A copy
should be sent to the representative by the applicant.
(3)
A designated representative may obtain confidential
information regarding the application.
(4)
A designated representative of an applicant will
remain so until the applicant receives his permanent license or until the
board is notified in writing by the applicant that the designated representative
has been eliminated or replaced. An applicant may have only one designated
representative at any time.
(5)
The designated representative is not required by
the board to have power of attorney for the applicant. A person who does have
power of attorney for an applicant may not submit any document that is required
by the board to be signed by the applicant and notarized. Documents submitted
by a person with power of attorney for the applicant must be submitted in
accordance with all requirements set by the Act and rules regarding these
documents. Any falsification of documents required for licensing submitted
by a designated representative or a person with power of attorney for the
applicant may result in denial of license or other penalties to the applicant.
(h)
Guidelines for board-approved education credentialing
entities.
(1)
The credentialing entity will review all of an applicant's
post-secondary professional education credentials earned outside of the United
States. The entity will evaluate allowable transfer credit for the 13th year
based on recommendations of the National Council on the Evaluation of Educational
Credentials or on current published reference materials. The applicant must
have completed 60 semester hours credit or the equivalent in general education
courses including courses in biological, social and physical sciences from
an accredited institution of higher learning. This requirement may be met
by credits earned at U.S. colleges or universities, by College Level Examination
Program (CLEP) credits, or Advanced Placement (AP) according to standards
of the American Council on Education. The number of credits earned by CLEP
or AP may not exceed 12 semester credits.
(2)
The credentialing entity must attest that the institution
attended by the applicant has the recognition of the Ministry of Education
or the equivalent in that country. All applicants must demonstrate proficiency
in the English Language. The credentialing entity will certify if the applicant's
physical therapy course work has been taught in English. Applicants whose
physical therapy course work has not been taught in English are required to
take the Test of English as a Foreign Language (TOEFL), Test of Spoken English
(TSE), and Test of Written English (TWE), as required in the Act, Section
8c. All three tests must be passed with the following minimum scores: TOEFL
580, TSE 55, AND TWE 5.
(3)
Licensing procedures for foreign-trained applicants.
The credentialing entity must attest that the applicant is licensed/registered/authorized
to practice in the country in which the education and training were accomplished
if the country has a licensure/registration/authorization system in place.
Otherwise, the applicant must be eligible for unrestricted practice in that
country.
(4)
The credentialing entity adopts the policy of "scaling"
as defined by the National Council on the Evaluation of Foreign Educational
Credentials, American Association of Collegiate Registrar and Admissions Officers,
Washington D.C.; i.e., a year of foreign study is worth no more than a year
of American study, regardless of contact hours, or general education is converted
to equate to approximately 30-32 United States semester credit hours per year,
and professional education to approximately 36 semester credit hours per year.
(5)
The credentialing entity must use a method to convert
classroom hours to semester units which has a ratio no greater than the following:
15 contact lecture hours = one semester unit/hour; 55 contact laboratory hours
= one semester unit/hour. When lecture/lab hours are not delineated on the
transcript, the evaluator may use an appropriate ratio and indicate the ratio
used in the evaluation.
(6)
The credentialing entity must list and assign a grade
for each course taken by the applicant, by assigning the grade of A, B, C,
D, F, Pass, Fail, Credit or No Credit. Those grades assigned by the credentialing
entity must be the grades that are converted to the U.S. equivalent, in accordance
with the most current version of the National Association for Foreign Student
Affairs Handbook on the Placement of Foreign Graduate Students. The credentialing
entity must identify and list those courses which would not transfer to the
U.S. as a C or above or Pass or Credit in accordance with the most current
version of the National Association for Foreign Student Affairs Handbook on
the Placement of Foreign Graduate Students. An applicant must earn a grade
of A, B, C, or Pass or Credit in any professional physical therapy education
courses. An applicant with a grade of D, F, Fail, or no credit appearing for
a professional physical therapy education course on his/her evaluation who
has not successfully retaken the course with a grade of A, B, C, Pass or Credit
is not eligible for licensure in Texas.
(7)
The credentialing entity must attest that the applicant
has successfully completed an educational program equivalent to U.S. programs
accredited by the Commission on Accreditation of Physical Therapy Education
(CAPTE) and has earned the equivalent of a minimum of 72 semester hours of
professional physical therapy education. The applicant must have completed
courses in each of the following areas: basic sciences, clinical science,
and physical therapy theory and procedures. The applicant must have also successfully
completed United States required equivalent courses/hours (no less than eight
and will receive credit for no more than 15 U.S. semester credit hours at
the Upper Division Level) in clinical education. If the applicant has completed
the required course work in clinical education but the transcript does not
reflect the required credit hours then the credentialing entity may use the
conversion formula of 55 contact hours per one semester credit.
(8)
The credentialing entity must certify that the program
covers at least four years of full-time post-secondary study and awards a
degree equivalent in level and purpose to the Bachelor of Science in Physical
Therapy, as awarded by regionally accredited colleges and universities in
the United States.
(9)
If the degree received is equivalent to a four-year
Bachelor of Science degree in Physical Therapy as awarded by regionally accredited
colleges and universities in the United States, the credentialing entity must
use the approved evaluation checklist when considering an applicant's credentials.
Deficiencies must be identified and must show the subjects and credit hours
necessary to satisfy the requirements of the evaluation checklist.
(10)
The credentialing entity must submit to the board
the resumes of any and all credential analysts and the physical therapy consultants
involved in the evaluation of foreign-trained applicants for licensure in
Texas. This must be submitted to the council at least 30 days prior to any
analysis performed by that person.
(11)
The credentialing entity must submit to the board
a board-approved form, properly signed and notarized, in which it agrees to
use the board's guidelines to evaluate transcripts of applicants seeking licensure
in Texas.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on March
30, 1999.
TRD-9901926
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 19, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
22 TAC §341.8
The Texas Board of Physical Therapy adopts amendments to
§341.8, concerning Inactive Status, without changes to the proposed text
as published in the February 19, 1999, issue of the
Texas Register
(24 TexReg 1132). The text of the rule will not be republished.
This amendment is being adopted to allow experienced physical therapists
to resume practice after a period of inactivity.
This amendment will remove the requirement that Continuing Education Units
(CEUs) be submitted prior to the board changing a license to inactive status,
and establish that all CEUs must be submitted when returning to active status.
It also clarifies that if a licensee is requesting that their license be put
on inactive status they must notify the board prior to the expiration date,
and that a completed inactive status application must be received by the board
no later than one month after the expiration date of the license.
No comments were received regarding the amendment of this section.
The rule is adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901811
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 15, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
22 TAC §343.3, §343.4
The Texas Board of Physical Therapy Examiners adopts the
repeal of §343.3, concerning Referral Requirements and Exceptions to
Referral Requirements, and §343.4, concerning Practicing in a Manner
Detrimental to the Public Health and Welfare without changes as published
in the February 19, 1999, issue of the Texas Register (24 TexReg 1132).
The repeals are being adopted to reflect the adoption of new Chapter 322,
Practice.
The repeals deletes the rules from one chapter so that they can be moved
to the new chapter.
No comments were received regarding the adoption of these sections.
The repeals adopted under the Physical Therapy Practice Act,
TCS, Article 4512e, which provides the Texas Board of Physical Therapy Examiners
with the authority to adopt rules consistent with this Act to carry out its
duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on March
26, 1999.
TRD-9901821
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: April 15, 1999
Proposal publication date: February 19, 1999
For further information, please call: (512) 305-6900
Chapter 501.
Professional Conduct
Subchapter E. Other Responsibilities and Practices
Chapter 322.
Practice
Chapter 323.
Applications Review Committee
Chapter 329.
Licensing Procedures for Foreign-Trained Applicants
Chapter 341.
License Renewal
Chapter 343.
Contested Case Procedure
Part XXII.
Texas State Board of Public Accountancy