Adopted Rules Title 22

TITLE 22. EXAMINING BOARDS

PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

CHAPTER 335. PROFESSIONAL TITLE

22 TAC §335.1

The Texas Board of Physical Therapy Examiners adopts amendments to §335.1, concerning Licensed Physical Therapist/Licensed Physical Therapist Assistant, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3867). The amendments will clarify for licensees and the public how licensure and degree information are to be presented, and when a physical therapist may use the title "doctor."

The amendments describe proper usage of the titles PT and PTA, and formalize requirements for the use of the title "doctor" by physical therapists, based on language in the Healing Arts Identification Act.

No comments were received regarding the changes currently proposed for this section. However, the board previously proposed and withdrew amendments to this section and received comments at that time. In the previous version, PTs using the affix "Doctor" would have been required to go further in clarifying the basis for their use of the term. The Texas Physical Therapy Association (TPTA) commented unfavorably on that version of the proposed amendment. The TPTA suggested that the previous proposal exceeded the legal requirements in the Healing Arts Identification Act. It also stated that the rule was too broad, not defining what types of documents would require the written clarification. A comment was also received from the Texas Osteopathic Medical Association ("TOMA") and the American Osteopathic Association ("AOA"). TOMA and AOA stated that authorizing physical therapists with doctorates to refer to themselves as "doctors" is unwarranted, and would result in confusion among patients. In response, the Board cited §104.004 of the Healing Arts Identification Act, which gives a person with a doctoral degree the authority to use the title granted by the degree, as long as he designates the authority under which the title is used or the college or honorary degree that gives rise to the use of the title. The Board believes this current version, which uses the language from the Healing Arts Identification Act, makes it clear that the use of the title "doctor" by a PT with a doctorate requires identification of the degree, and at the same time does not place an undue burden on the PT who uses a title which has been granted by an appropriately accredited institution.

The amendments are adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, 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 July 28, 2008.

TRD-200803926

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: August 17, 2008

Proposal publication date: May 16, 2008

For further information, please call: (512) 305-6900

CHAPTER 347. REGISTRATION OF PHYSICAL THERAPY FACILITIES

22 TAC §347.5

The Texas Board of Physical Therapy Examiners adopts amendments to §347.5, concerning Requirements for Registered Facilities, without changes to the proposed text as published in the May 16, 2008, issue of the Texas Register (33 TexReg 3868). The amendments make existing requirements clearer to registered facilities.

The amendments state that, in the event of a name or address change, a facility must obtain a new certificate stating the correct name and/or address from the board.

No comments were received regarding this section.