PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
The Texas Board of Physical Therapy Examiners proposes amendments to §322.4, concerning Practicing in a Manner Detrimental to the Public Health and Welfare. The amendment states that a licensee who fails to report an apparent violation of the Practice Act is also guilty of violating the Act.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Maline also has determined that, for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be increased professional oversight of the practice of physical therapy in Texas. There will be no adverse effect on small businesses, micro businesses, or local or state employment. There will be no additional economic cost to persons required to comply with the amendment as proposed. Furthermore, an Economic Impact Statement and Regulatory Flexibility Analysis is not required because the amendment will not have an economic effect on small businesses as defined in Texas Government Code §2006.001(2).
Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701; e-mail: nhurter@mail.capnet.state.tx.us.
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.
§322.4.Practicing in a Manner Detrimental to the Public Health and Welfare.
(a) (No change.)
(b) Practicing in a manner detrimental to the public health and welfare may include, but is not limited to, the following:
(1) - (14) (No change.)
(15) practicing in an unregistered physical therapy
facility which is not exempt; [.]
(16) failing to notify the Board of any conduct by another licensee which reasonably appears to be a violation of the Practice Act and rules, or aids or causes another person, directly or indirectly, to violate the Practice Act or rules of the Board.
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 March 6, 2009.
TRD-200900961
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: April 19, 2009
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners proposes amendments to §341.2, concerning Continuing Education Requirements. The amendments 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.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Maline also has determined that, for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be less chance for error regarding ethics programs that meet renewal requirements. There will be no adverse effect on small businesses, micro businesses, or local or state employment. There will be no additional economic cost to persons required to comply with the amendment as proposed, as the changes are expected to lower the costs associated with the approval of CE programs. Furthermore, an Economic Impact Statement and Regulatory Flexibility Analysis is not required because the amendment will not have an adverse economic effect on small businesses as defined in Texas Government Code §2006.001(2).
Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701; e-mail: nhurter@mail.capnet.state.tx.us.
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.
§341.2.Continuing Education Requirements.
(a) All continuing education (CE) submitted to satisfy
renewal requirements must be board-approved, as established in §341.3
of this title (relating to [, concerning
] Qualifying Continuing Education).
(b) - (c) (No change.)
(d) All [Effective January 1, 2001, all
] licensees must take two hours of board-approved programs
in ethics and professional responsibility as part of their total CE
requirement. Only programs receiving a supplemental ethics approval
may be used to meet the ethics/professional responsibility CE requirement.
(e) - (f) (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 March 6, 2009.
TRD-200900962
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: April 19, 2009
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners proposes amendments to §341.3, concerning Qualifying Continuing Education. The amendments would add information about the accredited provider program and other changes to the continuing education approval program, update references to the Practice Review Tool, and clarify statements to be used by continuing education providers.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Maline also has determined that, for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be a more efficient and effective CE approval process. There will be no adverse effect on small businesses, micro businesses, or local or state employment. There will be no additional economic cost to persons required to comply with the amendments as proposed, as the changes are expected to lower the costs associated with the approval of CE programs. Furthermore, an Economic Impact Statement and Regulatory Flexibility Analysis is not required because the amendments will not have an adverse economic effect on small businesses as defined in Texas Government Code §2006.001(2).
Comments on the proposed amendments may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe Street, Suite 2-510, Austin, Texas 78701; e-mail: nhurter@mail.capnet.state.tx.us.
The amendments are 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 these amendments.
§341.3.Qualifying Continuing Education.
(a) (No change.)
(b) Programs offered as continuing education (CE).
(1) (No change.)
(2) Program content and structure must be approved by the board-approved organization, or be offered by a provider accredited by that organization. Programs must meet the following criteria:
(A) - (G) (No change.)
(3) CE programs subject to this subsection [§341.3(b)
] include the following:
(A) Traditional on-site CE programs.
(i) Documentation for CE programs must include the name and license number of the licensee; the title, sponsor, date(s), and location of the course; the number of CEUs awarded, the signature of an authorized signer, and the accredited provider or the program approval number.
(ii) (No change.)
(B) Home study CE programs (hard copy or web-based).
(i) Documentation must include the name and license number of the licensee; the title, sponsor, date(s), and instructional format of the course; the number of CEUs awarded, the signature of an authorized signer, and the accredited provider or the program approval number.
(ii) (No change.)
(C) Regular inservice-type CE programs over a one-year period where individual sessions are 2 hours or less.
(i) Documentation must include the name and license number of the licensee; the title, sponsor, date(s), and location of the inservice; the signature of an authorized signer, and the accredited provider or the program approval number with the maximum CEUs granted and the CEU value of each session or group of sessions specified and justified.
(ii) - (iii) (No change.)
(D) Large conferences with concurrent CE programming.
(i) Documentation must include the licensee's name and license number; title, sponsor, date(s); and location of the conference; the number of CE units awarded, the signature of an authorized signer, and the accredited provider or the course approval number.
(ii) (No change.)
(c) College or university courses.
(1) - (3) (No change.)
(4) College or university sponsored CE programs (no
grade, no official transcript) must comply with
subsection [§341.3](b) of this
section [title].
(d) Self-directed study.
(1) - (2) (No change.)
(3) Residencies, Fellowships, [and] Examinations
, and Practice Review Tools.
(A) - (B) (No change.)
(C) The [successful] completion of
a Practice Review Tool [an examination
] of the Federation of State Boards of Physical Therapy [
pertaining to continued competence
] may be submitted for consideration for the CE requirement
unless the activity is [excluding any examination for initial
licensure or examination] required as a part of a disciplinary
action.
(D) Maximum CEU values for Residencies, Fellowships,
[and] Examinations, and Practice Review Tools shall
be as follows but shall not meet the Ethics CEU requirement for license
renewal:
(i) - (ii) (No change.)
(iii) Completion [Successful completion]
of a Practice Review Tool [an examination] of
the Federation of State Boards of Physical Therapy [pertaining
to continued competence] shall be worth up to 1.5 CEUs.
(E) (No change.)
(4) (No change.)
(e) Accreditation of providers or approval [Approval
] of continuing education programs, college or university
courses, or self-study by the board-approved organization.
(1) Pursuant to a Memorandum of Understanding (MOU) with the board, the Texas Physical Therapy Association (TPTA) shall act as the board-approved organization and shall be authorized to accredit providers and to evaluate and approve continuing education programs, college or university courses, or self-study for purposes of compliance with mandatory CE requirements as set by the board. This authority shall include authority to give, deny, withdraw and limit accreditation of providers and approval of programs, college or university courses, or self-study, and to charge and collect fees as set forth in the MOU and in the statute and rules governing the board and the practice of physical therapy in Texas.
(2) To be recognized as qualifying continuing education, a program, college or university course, or self-study must be evaluated and approved by the TPTA, or be offered by a provider accredited by the TPTA. A program may be approved before or after the licensee attends it.
(3) To apply for program approval, the licensee or
program sponsor must submit a fee as approved by the board with the
CE approval application and any additional documentation as specified
in this section [§341.3] to the TPTA. Interested
parties may contact the TPTA in Austin, Texas, (512) 477-1818, www.tpta.org.
College or university courses are exempt from fees.
(4) Use of statements for publicity.
(A) Sponsors of approved programs may use the following statement in publicity: "This course has been approved by the Texas Board of Physical Therapy Examiners as meeting continuing education requirements for physical therapists and physical therapist assistants."
(B) Sponsors of programs receiving a supplemental ethics approval may use the following statement in publicity: "This course has been approved by the Texas Board of Physical Therapy Examiners as fulfilling ____ hour(s) of the ethics and professional responsibility requirement for license renewal purposes for physical therapists and physical therapist assistants."
(C) Accredited providers may use the following statement in publicity: "This course is provided by the Texas Board of Physical Therapy Examiners Accredited Provider #______ and meets continuing education requirements for physical therapist and physical therapist assistant licensure renewal in Texas."
[(4) A program may be provided
more than one time and at different locations for within one year
from the date that it is first offered without payment of additional
fees.]
[(5) Sponsors of approved
programs may use the following statement in publicity: "This course
has been approved by the Texas Board of Physical Therapy Examiners
as meeting continuing education requirements for physical therapists
and physical therapist assistants."]
(5) [(6)] Interested parties
may contact the TPTA to inquire if a particular program is approved.
A list of approved programs is available on the TPTA web site.
(6) [(7)] Pursuant to the MOU,
the TPTA shall provide quarterly reports to the board of its activities.
Additionally, the TPTA shall report to the board the results of periodic
quality assurance follow-up or review of a representative sample of
approved continuing education programs. In the event of sponsor noncompliance,
results will be reported to the board in writing for further investigation
and direction.
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 March 6, 2009.
TRD-200900963
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: April 19, 2009
For further information, please call: (512) 305-6900
CHAPTER 391. POLYGRAPH EXAMINER INTERNSHIP
The Polygraph Examiners Board proposes an amendment to §391.3, concerning Internship Training Schedule.
Section 391.3(14) is amended to update present practices from policy to rule.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined that for the first five year period the amendment is in effect there will be no fiscal implications to state or local government as a result of enforcing the amendment as proposed.
Mr. DiTucci also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be better than present practices. There will be no effect on small or micro businesses. There will be minimal or no effect to individuals required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed 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.
No other statute, code or article is affected by the amendment.
§391.3.Internship Training Schedule.
The following internship schedule has been approved and adopted by the Board as a minimum type and number of hours of any internship training program to be utilized in course of supervised instruction:
(1) - (13) (No change.)
(14) Each sponsoring polygraph examiner shall submit to the Board progress reports every 60 days from the date of Board approval of the internship on each intern on forms furnished by the Board.
(A) To serve as a sponsor for an intern polygraph examiner, a Texas licensed polygraph examiner must have held an original Texas polygraph license continuously for at least two years immediately preceding the application.
(B) To transfer an internship from one sponsor to another sponsor, the intern must first request permission from the Board in writing, providing the Board with the proposed sponsor's name, mailing address, and telephone number. The proposed sponsor must also notify the Board in writing of their intent to sponsor the intern. The Board will grant or deny permission for the request and will inform the intern, the original sponsor, and the proposed sponsor of its decision in writing.
(15) - (17) (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 March 9, 2009.
TRD-200900991
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: April 19, 2009
For further information, please call: (512) 424-2058
CHAPTER 661. GENERAL RULES OF PROCEDURES AND PRACTICES
SUBCHAPTER E. CONTESTED CASES
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.62, concerning the complaint process.
The amendment will add language as to when a land surveyor may request a contested case hearing or an Informal Settlement Conference and clarify the time limit during which this request may be made.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will clarify the amount of time a respondent has to request a contested case hearing or an Informal Settlement Conference.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, TX 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, Chapter 661, General Rules of Procedures and Practices.
§661.62.Complaint Process.
(a) - (d) (No change.)
(e) Request for Administrative Hearing.
(1) A respondent who is the subject of proposed administrative action by the executive director may appeal the executive director's determination by requesting a contested case hearing or an Informal Settlement Conference as provided herein within 20 business days of receiving notice of the violation. The request must be in a written form that references the complaint number and indicates that the respondent intends to request a contested case hearing. Upon receipt of the request for hearing, the executive director will set a hearing and provide a copy of the complaint and notice of the hearing to the respondent.
(2) - (8) (No change.)
(f) - (k) (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 March 5, 2009.
TRD-200900941
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: April 19, 2009
For further information, please call: (512) 239-5263