TITLE 22. EXAMINING BOARDS

PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

CHAPTER 322. PRACTICE

22 TAC §322.4

The Texas Board of Physical Therapy Examiners adopts an amendment to §322.4, Practicing in a Manner Detrimental to the Public Health and Welfare, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1934). The amendment will clarify licensee responsibility regarding violations of the PT Practice Act.

The amendment states that a licensee who fails to report an apparent violation of the Practice Act is guilty of violating the Act.

No comments were received.

The amendment is 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 May 18, 2009.

TRD-200901944

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: June 7, 2009

Proposal publication date: March 20, 2009

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


CHAPTER 341. LICENSE RENEWAL

22 TAC §341.2

The Texas Board of Physical Therapy Examiners adopts amendments to §341.2, Continuing Education Requirements, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1935). The amendment will clarify licensee responsibility. The amendment will eliminate ambiguity regarding ethics programs that meet renewal requirements.

The amendment will clarify that only continuing education specifically approved as meeting the ethics and professional responsibility requirement meets that requirement and will delete the date the requirement was initiated.

No comments were received on this proposed amendment.

The amendment is 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 May 18, 2009.

TRD-200901943

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: June 7, 2009

Proposal publication date: March 20, 2009

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


22 TAC §341.3

The Texas Board of Physical Therapy Examiners adopts amendments to §341.3, Qualifying Continuing Education, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1935). The amendment will clarify licensee responsibility. The amendment will incorporate changes to the Continuing Education Approval Program, and clarify other references.

The amendments will add information about the accredited provider program and other changes to the continuing education approval program, will update references to the examination offered by the Federation of State Boards of Physical Therapy that the board has approved as continuing education, and will clarify statements to be used by continuing education providers. They would also correct the terminology used to refer to a subsection of the rule.

A comment was received from an individual regarding these changes. She was disappointed that the rule changes for continued education did not include automatic approval for courses which have been approved by other state PT boards, and recommended that the board consider doing so in the future. The Board responds that it did review material regarding other states' CE approval process, and found that beyond a superficial level, the differences in the state "approval" processes made them difficult to compare. The Board made the decision to delay consideration of reciprocity until the current changes to the approval processes have been incorporated and an effective method of comparing approval processes can be developed. Any comparison would have to ensure that the approval process of another state meets, at a minimum, all of the standards set forth in §341.3 of the rules, and would also have to verify that quality assurance and oversight measures similar to those used by this board were in place. Also, the individual believes that the non-standard terminology used in the rules to refer to a previous section is clearer than the standard terminology, and would prefer the board maintain the existing terminology. The Board replies that it has gradually been replacing non-standard references with the standard reference format and intends to continue that process as rules are amended for other reasons.

The amendment is 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 May 18, 2009.

TRD-200901945

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: June 7, 2009

Proposal publication date: March 20, 2009

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


PART 19. POLYGRAPH EXAMINERS BOARD

CHAPTER 391. POLYGRAPH EXAMINER INTERNSHIP

22 TAC §391.3

The Polygraph Examiners Board (board) adopts an amendment to §391.3, concerning Internship Training Schedule, without changes to the proposed text as published in the March 20, 2009, issue of the Texas Register (34 TexReg 1937).

Section 391.3(14) is amended to update present practices from policy to rule.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703.

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 May 21, 2009.

TRD-200901987

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Effective date: June 10, 2009

Proposal publication date: March 20, 2009

For further information, please call: (512) 424-2058