Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

CHAPTER 329. LICENSING PROCEDURE

22 TAC §329.2

The Texas Board of Physical Therapy Examiners proposes an amendment to §329.2, License by Examination. The amendment would exempt those already licensed in another state from the additional education requirement if they have to take the national examination again.

John P. Maline, Executive Director, has determined that for the first five-year period this amendment is in effect there will be no additional costs to state or local governments as a result of enforcing or administering this amendment.

Mr. Maline has also determined that for each year of the first five-year period this amendment is in effect the public benefit will be efficient licensure of applicants who are already licensed in other states. Mr. Maline has determined that there will be no costs or adverse economic effects to small or micro businesses, therefore an economic impact statement or regulatory flexibility analysis is not required for the amendment. There are no anticipated costs to individuals who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us. Comments must be received no later than 30 days from the date this proposed amendment is published in the Texas Register.

The amendment is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Texas 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.

Title 3, Subtitle H, Chapter 453, Texas Occupations Code is affected by this amendment.

§329.2.License by Examination.

(a) - (e) (No change.)

(f) Re-examination.

(1) - (2) (No change.)

(3) A person who is currently licensed in good standing in another state and who must retake the national exam to meet Texas score requirements is not required to complete additional education.

(g) - (h) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 8, 2009.

TRD-200902277

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: July 19, 2009

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

22 TAC §329.3

The Texas Board of Physical Therapy Examiners proposes an amendment to §329.3, Temporary Licensure for Examination Candidates. The amendment would clarify that a temporary license will not be issued until the applicant has registered for the national examination and completed all requirements as stated in §329.1, General Licensing Requirements and Procedures.

Mr. Maline has also determined that for each year of the first five-year period this amendment is in effect the public benefit will be less ambiguity regarding when the temporary licensed may be issued. Mr. Maline has determined that there will be no costs or adverse economic effects to small or micro businesses, therefore an economic impact statement or regulatory flexibility analysis is not required for the amendment. There are no anticipated costs to individuals who are required to comply with the rule as proposed.

Title 3, Subtitle H, Chapter 453, Texas Occupations Code is affected by this amendment.

§329.3.Temporary Licensure for Examination Candidates.

(a) Requirements. To be eligible for a temporary license, the applicant must:

(1) (No change.)

(2) register for the national physical therapy examination [~~meet all requirements as stated in §329.2 of this title (relating to Licensure by examination)~~];

(3) - (4) (No change.)

(b) - (e) (No change.)