Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 30. Young Farmers Endowment Program 4 TAC sec.sec.30.1-30.12 The Board of the Texas Finance Authority of the Texas Department of Agriculture adopts the repeal of sec.sec.30.1-30.12 concerning the Young Farmer Endowment Program, without changes to the proposed text as published in the September 3, 1993, issue of the Texas Register (18 TexReg 5871). The repeals are required pursuant to action taken by the 73rd Legislature Session, House Bill 1287, which replaced the Young Farmer Endowment Program with the Young Farmer Loan Guarantee Program. These sections will be replaced with new sections which will implement the Young Farmer Loan Guarantee Program. No comments were received regarding adoption of the repeals. The repeal is adopted under the Texas Agriculture Code, sec.253.007(e), which provides the Board of Directors of the Texas Agricultural Finance Authority with the same authority in administering the Young Farmer Loan Guarantee Program as it has in administering programs established by the Board under Chapter 58 of the Code; sec.58.023 of the Code, which provides the Board with the authority to adopt rules to establish criteria for eligibility of applicants and criteria for lenders; and the Code, sec.58.022, which provides the Board with the authority to adopt rules and procedures for administration of the loan guarantee program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 22, 1993. TRD-9330874 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 15, 1993 Proposal publication date: September 3, 1993 For further information, please call: (512) 463-7583 Subchapter A. General Procedures 4 TAC sec.sec.30.1-30.15 The Board of Directors of the Texas Agricultural Finance Authority adopts new sec.sec.30.1-30.15 concerning procedures for participation in the Texas Agricultural Finance Authority (TAFA) Young Farmer Loan Guarantee Program. Sections 30.3, 30.6, 30.9, 30.13, and 30.15 are adopted with changes to the proposed text as published in the September 3, 1993, issue of the Texas Register (18 TexReg 5871). Sections 30.1, 30.2, 30.4, 30.5, 30.7, 30.8, 30. 10-30.12, and 30.14 are adopted without changes and will not be republished. The new sections are adopted to provide procedures for participation in the TAFA Young Farmer Loan Guarantee Program. Section 30.3 is adopted with changes. A definition of "facilities" has been added based upon comments received from the Independent Bankers Association of Texas (IBAT) to clarify the use of funds for the program. IBAT suggested that use of the phrase "farm and ranch facilities" in sec.30.5, regarding use of loan funds, was unclear and needed to be clarified to establish whether "facilities" means and includes real property. Section 30.6 is adopted with changes. Subsection (f) has been changed, based upon comments received from IBAT, to clarify the board's review of denied applications. The rules as proposed provided that board review on appeal of a denial was limited to review of the reasons for denial. IBAT suggested that there should also be an opportunity for cure of the reasons for denial. This section as adopted provides that the board's review on appeal is limited to a review of the reasons for denial and the cures for such denial. Section 30.9 is adopted with changes. Subsection (f) has been changed to clarify the term of a commitment of the Authority, based on comments received from IBAT. The rules as proposed provide that the term of the loan guarantee is limited to the lesser of the useful life of the assets being financed or ten years. IBAT noted that, since the assets being financed can include feed, seed, livestock, and facilities, it is unclear what is meant by the life of the assets. IBAT suggested that a better term might be life of any equipment being financed or ten years, whichever is less. In the alternative, if no equipment is being financed, then IBAT suggested that the correct term should be ten years. For clarity, the Authority reworded the subsection to state that the term of the loan must not exceed the useful life of the assets being financed or ten years, whichever is less. The Authority chose not to incorporate the remainder of IBAT's comments, as such changes would result in loans with ten-year terms, based upon short-term, expendable personal property with little or no residual value. Section 30.13 is adopted with changes. The change was made based upon comments received from IBAT, and clarifies the loan administration authority of the lender. IBAT noted that the rules as proposed were unclear regarding how long after default the lender should continue to service the loan, when the loan guarantee should take effect, which entity (the Authority or the lender) should foreclose, and what timeframes apply for foreclosure. IBAT suggested this section needed clarification. This section as adopted provides that the loan guarantee agreement executed between the lender and the Authority will define the working relationship between the lender and the Authority. Section 30.15 is adopted with changes. The changes clarify the administration of the loan guarantee with the lender, and were based upon comments received from IBAT. IBAT suggested that it is unclear when the department or department staff should exercise the authority given under subsection (a) of this section, given that the lender is to service the loan after default. The section, as adopted, provides that this authority shall be subject to the loan guarantee agreement. IBAT's comments were generally supportive of the program, and were offered as technical observations and comments from the perspective of a lender. No further comments were received regarding these rules. The new sections provide a general statement of the authority and purpose of the Young Farmer Loan Guarantee Program. In addition, the new sections provide definitions, general project eligibility requirements, application requirements, and procedures for filing of applications, general terms and conditions of TAFA's financial commitment, and criteria for approval of a loan guarantee under the program. The new sections are adopted under the authority of the Texas Agriculture Code (the Code), sec.253.007(e), which provides the Board of Directors of the Texas Agricultural Finance Authority with the same authority in administering the Young Farmer Loan Guarantee Program as it has in administering programs established by the board under Chapter 58 of the Code; the Code, sec.58.023, which provides the board with the authority to adopt rules to establish criteria for eligibility of applicants and criteria for lenders; and the Code, sec.58.022, which provides the board with the authority to adopt rules and procedures for administration of the loan guarantee program. The sections of the Code which will be affected by these rules include the Code, Chapter 253. sec.30.3. Definitions. In addition to the definitions set out in the Texas Agriculture Code, Chapter 253, as amended, the following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. Act-Texas Agriculture Code, Chapter 253, as amended, the Young Farmer Loan Guarantee Program. Agricultural science teacher-An individual employed by a Texas school district for the purpose of teaching agricultural science and technology. Applicant-A young farmer or rancher who is applying for assistance under the Act and this chapter. Application-An application, including supporting documentation and schedules as required by the Authority, that must be completed by an applicant and submitted by the applicant's lender to staff in order to seek participation in the program and to determine an applicant's eligibility. Authority-The Texas Agricultural Finance Authority. Board-The board of directors of the Texas Agricultural Finance Authority. Borrower-An eligible applicant approved for a loan guarantee by the Board. Business day-A day on which the Department is open for business. The term shall not include Saturday, Sunday, or a traditional holiday officially observed by the State. The department's normal business hours are from 8:00 a.m. to 5:00 p.m. each business day. County agent-A county extension agent-agriculture program leader of the Texas Agricultural Extension Service. Department-The Texas Department of Agriculture. District-based agricultural economist-A district agricultural economist employed by the Texas Agricultural Extension Service. Eligible applicant -A person applying for a loan guarantee who: (A) is at least 18 years of age but younger than 40 years of age; (B) has a minimum of four years of practical farm or ranch experience, with not more than two years of participation in a 4-H or vocational agriculture program counting as practical farm or ranch experience; and (C) complies with the application procedures prescribed by these rules. Equity-The applicant's contribution to a project in the form of cash, land, or other depreciable property which is unencumbered by debt, mortgage, pledge or any other security interest. First farm or ranch operation-An operation: (A) in which the applicant as owner/operator provides the management and labor for the operation; (B) in which the applicant as owner/operator provides or directly arranges for the financing of the operation; and (C) in which the applicant as owner/operator has not generated more than 20% of his adjusted gross income during each of the past four years from farming or ranching operations; provided that an exception from the income limitation will be allowed for those applicants who provide evidence that during the last four years their taxable income from farming or ranching was used to pay their education costs. Interest rate-The interest rate on a guaranteed loan as determined by the participating lender and approved by the board on a project-by-project basis. Lender-A state or nationally chartered commercial lending institution, savings and loan association, credit union, or Farm Credit System institution in the state. Loan-A loan approved by the board in accordance with the requirements and criteria set forth in the Act and in this chapter. Loan guarantee agreement-An agreement between the Authority and the lender which defines the responsibilities of the parties. Loan guarantee amount-With respect to a loan made by a lender, a sum measured in terms of United States dollars that the Authority agrees to pay in the case of default by the borrower, not to exceed the lesser of $50,000 or 90% of the total loan. Plan-A complete five-year business plan, including balance sheets, income statements, cash flow statements and a management plan. Program-The Young Farmer Loan Guarantee Program. Project-A first farm or ranch operation which would further the production of Texas agricultural products. Qualified application -A completed application, including all documentation and information required by the Authority, submitted by the applicant and lender for a project. Staff-The staff of the department assigned to the Authority. State-The State of Texas. sec.30.6. Filing Requirements and Consideration of Applications. (a) Application forms. An applicant or lender seeking a loan guarantee from the Authority must use the application forms provided by the Authority and must include all information requested. (b) Submission of application. All applicants are required to obtain a preliminary commitment from a lender before applications will be accepted by the Authority. Staff will be available prior to submission of the qualified application to assist applicants and lenders in determining project eligibility. (c) Staff review. Staff will review the application for completeness and will notify the lender of any additional information required. When all required information has been received, staff will conduct a credit review, evaluate the technical and market feasibility of the project and examine the benefits of the project for Texas agriculture and economic growth and job creation in the state. The staff may request and consider comments of the county agent or the agricultural science teacher who reviewed the Plan. A district-based agricultural economist may be requested to provide assistance in reviewing the plan. (d) Board review. The staff shall submit a credit memorandum to the board for each qualified application received by the program. The board will approve or deny the qualified application by majority vote of those members present and voting, based upon the information presented in accordance with the Act and this Chapter, the credit memorandum, and the factors set forth in the Act, sec.253.004, as implemented by this chapter. The board may impose additional terms and conditions as part of its approval. (e) Notification of approval. Upon conditional approval of the qualified application by the board, staff will notify the lender and the borrower in writing identifying the terms and conditions of the loan guarantee. The board may set certain time limits regarding the acceptance of loan commitments by the borrower and lender; however, in no event shall the time period exceed 30 days from date of notification unless approved by the board. The lender will prepare the written agreements and documents necessary to close the loan in accordance with the terms and conditions set forth in the notice of conditional approval. The Authority will send the lender and the borrower final notice of guarantee approval after review of the closing documents. The lender will disburse the loan according to the terms and conditions of the note and/or loan agreement. (f) Denial of application. If the qualified application is denied by the board, the Authority will notify the eligible applicant and the lender in writing, identifying the reasons for denial. In the event of a denial, the lender and eligible applicant may petition the board for review of the denial by filing a written request with the official of the department designated by the Commissioner of Agriculture as being responsible for the department's agricultural finance programs, within 30 days after the date of the denial. An appeal must address the reasons for denial and set forth any cure of the reasons for denial. The board may grant or deny the appeal at any time and take such further action as the board deems appropriate. The board's review on appeal is limited to a review of the reasons for denial as stated in the notification letter of denial to the eligible applicant and the lender. The board's decision upon appeal will be final. (g) Providing false information. An applicant who knowingly provides false information in an application shall be disqualified from obtaining a loan guarantee under the program and shall be liable to the authority and the department for any expense incurred by the Authority or the department as a result of the falsity. If the falsity is discovered after approval of a loan guarantee, the falsity may constitute grounds for revocation of the guarantee, and the Authority shall be entitled to exercise all its rights under the loan documents. (h) Reporting to the board. Staff shall report to the board at each board meeting the status of loans and current financial commitments of the Authority under the program. sec.30.9. General Terms and Conditions of Authority's Financial Commitment. (a) Maximum amount of loan guarantee. The Authority shall not provide a loan guarantee to borrower, including its affiliates, that at any one time exceeds the lesser of $50,000 or 90% of the total loan. A loan guarantee is voidable by the board if the borrower uses loan proceeds for any use other then those allowed under the Act and this chapter. The total loan guarantees authorized at any one time will be limited to two times the amount of current appropriations from the Young Farmer Guarantee Account. (b) Security. Financial commitments approved under this program must be secured by a first lien on collateral of a type and value which, when considered with other criteria, in the judgment of the board affords reasonable assurance of repayment of the Loan. (c) Closing of the loan. The Commissioner of Agriculture or his designee may attend the verification and signing of such closing documents at the time, date, and location determined by the lender. (d) Closing costs. All closing costs associated with the closing of an approved loan, including the Authority's review of the closing documents by independent legal counsel, shall be the liability of the borrower. (e) Co-participation. An applicant may seek co-participation in financial assistance from other private and governmental sources. In any event, the Authority's maximum guarantee in the credit may not exceed the lesser of 90% of the loan or $50,000 with the lender remaining at risk for at least 10% of the loan. (f) Maturity. The maturity of the loan guarantee approved by the Authority must not exceed the lesser of the useful life of the assets being financed or ten years. (g) Interest rate. The interest rate on the guaranteed loan (not including guarantee fees) shall be the rate charged by the lender and approved by the authority. sec.30.13 Loan Administration. The lender shall service the loan and receive all payments of principal and interest, including assessment of any late charges, if applicable, in accordance with its loan guarantee agreement with the Authority, which agreement shall, among other things, obligate the lender to service the loan even after an event of default. sec.30.15. Loan Guarantee Administration. (a) Except as otherwise provided by state law, by these rules or by resolution of the board, the staff, with the approval of the Commissioner of Agriculture, the Deputy Commissioner of Agriculture or the official of the department designated by the Commissioner of Agriculture as being responsible for the department's agricultural finance programs, shall have the authority to act on behalf of the Authority, without specific board approval, in regard to the collection, settlement, and enforcement of each and every loan guaranteed by the Authority under the program. Such authority shall include, without limitation, the actions required to be taken by the Authority under any loan agreement, and any other agreement entered into by the Authority concerning a loan guaranteed by the Authority under the program. (b) Nothing in this section shall prevent the staff or the Commissioner of Agriculture, the Deputy Commissioner, or the official of the department designated by the Commissioner of Agriculture from submitting any matter to the board for its consideration and approval. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 22, 1993. TRD-9330875 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 15, 1993 Proposal publication date: September 3, 1993 For further information, please call: (512) 463-7583 TITLE 22. EXAMINING BOARDS Part VIII. Texas Appraiser Licensing and Certification Board Chapter 151. Practice and Procedure 22 TAC sec.sec.151.1, 151.6, 151.11, 151.12, 151.15, 151.17, 151. 19, 151.22, 151.27, 151.28 The Texas Appraiser Licensing and Certification Board adopts amendments to sec.sec.151.1, 151.6, 151.11, 151.12, 151.15, 151.17, 151.19, 151.22, 151.27, and 151.28, without changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6193). The amendments are adopted to conform the rules to the Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, Article 6573a.2) as amended by House Bill 2644, 73rd Legislature, Regular Session, 1993; to conform with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C., sec.3331, et seq); to conform to other state laws; and to make technical corrections. These rules will help provide for a simple and efficient system of procedures before the board; to insure uniform standards of practice and procedure, public participation, and notice of board actions; and a fair and expeditious determination of causes. No comments, either written or at the public hearing, were received regarding adoption of the rules. The amendments are adopted under the Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, Article 6573a.2), which provide the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 20, 1993. TRD-9330718 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: November 10, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 463-3950 Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153.15, 153.17, 153.19, 153.20, 153.21, 153.25, 153.27, 153.29, 153.31, 153.33, 153.35, 153.37 The Texas Appraiser Licensing and Certification Board adopts amendments to sec.sec.153.9, 153.11, 153.13, and 153.17, and new 153.27, with changes to the proposed text as published in the September 14, 1993, issue of the Texas Register (18 TexReg 6194). Amendments to sec. sec.153.1, 153.3, 153.5, 153.7, 153.15, 153.19, 153.20, 153.21, and new sec.sec.153.25, 153.29, 153.29, 153.31, 153.33, 153.35, and 153.37 are adopted without changes and will not be republished. The amendments and new sections are adopted to conform the rules to the Texas Appraiser Licensing and Certification Act (Texas Civil Statutes, Article 6573a.2) as amended by House Bill-2644, 73rd legislature, Regular Session, 1993; to conform with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C., sec.3331, et seq); to conform to other state laws; and to make technical corrections. The amendments and new sections help permit real estate appraisers to become licensed or certified in Texas and thereby eligible to appraise real property for federally related transactions in compliance with the federal Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). During the comment period and the public hearing, the TALCB received comments from the Foundation Appraiser Coalition of Texas (FACT). A comment regarding sec.153.9(b)(9) suggested changes in TALCB Form 10.0, Supplement to Application for Appraiser Certification or Licensing by Reciprocity. The board concurred and made changes to the form. A comment regarding sec.153.11(b) corrected apparent inconsistencies with other subsections. The board concurred and made recommended changes. A comment regarding sec.153.13(e) and (f) suggesting the addition of "30 classroom hours of fundamental real estate appraisal courses" as part of rules for classroom hour educational requirements. The board concurred and made recommended changes. A comments regarding sec.153.13(e) and (f) and sec.153.17(e) suggested adding a general provision for educational requirements of "the then current qualifications criteria of the AQB" rather than specific classroom hour requirements. The board did not agree, and kept the specific requirements in the rules. Comments regarding sec.153.13(e) and (f) suggested increasing the percentage of required courses in fundamental real estate appraisal for meeting the educational requirements. The board referred the matter to its Education Committee for further study. A comment regarding sec.153.17(e) recommended eliminating redundant wording. The board concurred and made changes. A comment was received regarding sec.153.25, regarding certification or licensure by reciprocity. The board adopted additional language to add specificity to subsections (a), (e), and (g). The amendments and new sections are adopted pursuant to the Texas Appraiser Licensing and Certification Act Texas Civil Statutes, Article 6573a.2, which provide the Texas Appraiser Licensing and Certification Board with authority to adopt rules and regulations necessary for the performance of its duties. sec.153.9. Applications. (a) A person desiring to be certified or licensed as an appraiser or approved as an appraiser trainee shall file an application using forms prescribed by the board; provided, however, forms may be accepted so long as the applicant satisfies current requirements for certification or licensing. The commissioner shall review the application and make a recommendation for final action to the board. The board may decline to accept for filing an application which is materially incomplete or which is not accompanied by the appropriate fee. Except as provided by the Act the board may not grant a certification, license, or approval of trainee status to an applicant unless the applicant: (1) pays the fees requested by the board; (2) satisfies any experience and education requirements established by the Act or by these sections; (3) successfully completes any qualifying examination prescribed by the board; and (4) provides all supporting documentation or information requested by the board in connection with the application. (b) The Texas Appraiser Licensing and Certification Board adopts by reference the following forms approved by the board in 1991 and published and available from the board, P.O. Box 12188, Austin, Texas 78711-2188: (1) TALCB Form 1. 2, Application for Appraiser Certification or Licensing and Examination. (2) TALCB Form 2.2, Appraisal Experience Affidavit; (3) TALCB Form 3.2, Appraisal Experience Log; (4) TALCB Form 4.3, Application for Approval as an Appraiser Trainee. (5) TALCB Form 5.0, Request for Course Approval and Renewal; (6) TALCB Form 6.1, Temporary Non-Resident Appraiser Registration; (7) TALCB Form 8.0, Change of Office Address by a Licensed or Certified Appraiser; (8) TALCB Form 9. 0, Addition or Termination of Appraiser Trainee Sponsorship; and (9) TALCB Form 10.0, Supplement to Application for Appraiser Certification or Licensing by Reciprocity. (c) An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the board makes written request for the information or documentation. (d) A certification, license, or appraiser-trainee approval is valid for the term for which it is issued by the board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of sec.153. 17 of this title (relating to Renewals and Continuing Education). (e)-(f) (No change.) (g) An application shall be considered void and subject to no further evaluation or processing if the applicant fails to provide acceptable documentation that all requirements for licensure, certification, or approval as an appraiser trainee have been met within one year of the date the application was received by the board, or within one year of the date of the applicant's last examination, whichever occurs later. sec.153.11. Examinations. (a) Examinations shall be administered in accordance with the provisions of this section and the Act. Any examination conducted by a testing service under contract with the board shall be conducted in accordance with the procedures specified in the contract. (b) Each examination shall be consistent with the examination criteria and examination content outline of the Appraiser Qualifications Board (AQB) for the category of license or certification sought. Each applicant must achieve a passing score acceptable to the AQB on the examination to become licensed or certified. An applicant may file an application to take the examination on the form approved by the board or on a form required by the testing service under contract with the board. In either case, the applicant shall submit the appropriate examination fee as instructed. The board shall require the contracted testing service to notify each person taking an examination whether the person has passed or failed the examination not later than the 31st day after the examination date. If notification of the examination results will be delayed for more than 90 days after the examination date, the board shall notify each examinee of the reason for the delay not later than the 90th day after the examination date. The results of the examination are confidential. (c) (No change.) (d) Examinations shall be administered at locations designated by the board. Applicants may be assigned to an examination date and site. The assigned site must be the nearest examination site available to the applicant. An applicant who is registered for an examination and fails to attend shall forfeit the examination fee. (e) To be authorized for admittance to an examination, the applicant must present to the examination proctor appropriate documentation required by the testing service under contract with the board. Admission tickets may specify a date, time, and location for the examination and the admission documents will be valid only for that date. In addition to the admission ticket, examination proctors shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. Proctors may refuse admittance to an examinee or dismiss an examinee prior to the completion of the examination, if in the proctor's opinion, the individual's conduct or demeanor is such that the proctor feels the individual would be a disruptive influence on the other examinees. Proctors may assign a specific seat or desk to each examinee. Proctors may require that an examinee be reseated during the course of the examination. Proctors may refuse admittance to an examinee who reports to the proctor for admittance to the examination after the time the examination is scheduled to begin. (f) Examinees are permitted to use slide rules or silent, battery-operated, electronic, pocket-sized calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. (g) Examination schedules shall be published periodically by the board. (h) Special examinations based on verified physical limitations or other good cause as determined by the board may be arranged for individual applicants. Requests for special examinations will be handled individually and may require medical verification or confirmation. (i) Examinees shall comply with all instructions from the board, an examination proctor, or the testing service under contract with the board. Proctors may confiscate examination materials of an examinee giving or receiving or attempting to give or receive unauthorized assistance or answers to examination questions and such examinee will be dismissed from the examination session with a failing grade. Dismissal may result in disapproval of an application. The board, or the testing service under contract with the board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription. The board may deny, suspend, or revoke a license or certification for disclosing to another person the content of any portion of an examination with the expectation that the disclosed information would be used by or made available to another applicant. (j) The board shall periodically publish guidelines and preexamination study guides. The periodicals and guidelines shall be updated as necessary and shall be made available to applicants. Except for the examinations and other testing products that require secure and discreet protection, the contents of study guides and other material developed by the board or with the board's authorization is within the public domain and free of copyright restrictions. If the material is reproduced for distribution by an entity other than the board, the material may not be sold at a price above the cost of duplication and distribution. The entity may not profit from the distribution of the material. sec.153.13. Educational Requirements. (a) The board may accept a course of study to satisfy educational requirements for certification or licensing established by the Act or by this section if the board has approved the course and determined it to be a course related to real estate appraisal. (b)-(d) (No change.) (e) Applicants for general real estate appraiser certification must have successfully completed 165 classroom hours in courses approved by the board including at least 30 classroom hours in fundamental real estate appraisal courses. Applicants for residential real estate appraiser certification must have successfully completed 105 classroom hours in courses approved by the board including at least 30 classroom hours in fundamental real estate appraisal courses. For either category of certification, the coursework submitted also must have included a minimum of 15 classroom hours of coverage of the Uniform Standards of Professional Appraisal Practice. (f) Applicants for a real estate appraiser license must have successfully completed 75 classroom hours in courses approved by the board including at least 30 classroom hours in fundamental real estate appraisal courses and 15 classroom hours of coverage of the Uniform Standards of Professional Appraisal Practice. (g)-(i) (No change.) sec.153.17. Renewal of Certification, License, or Trainee Approval; Continuing Education. (a) A license or certification issued by the board is valid for two years after the date of issuance. A certified or licensed appraiser or appraiser trainee may renew the certification, license, or trainee approval by timely filing the prescribed application for renewal, paying the appropriate fee to the board and satisfying continuing education requirements as provided by this section. (b) The board shall mail the prescribed renewal application form to the appraiser or trainee's last known business address at least 90 days prior to the expiration of the certification, license or approval. It is the responsibility of the appraiser or trainee to apply for renewal in accordance with these sections, and failure to receive a renewal application from the board does not relieve the appraiser or trainee of the responsibility of applying for renewal. (c) The board may not accept a renewal application filed after the expiration of the certification, license, or appraiser trainee approval. An appraiser or trainee who does not timely file a renewal application must reapply for certification, license or approval as an appraiser trainee in accordance with the provisions of sec.153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must successfully complete the examination required by sec.153.11 of this title (relating to Examinations). (d) (No change.) (e) As a condition for renewing a certification or license after December 31, 1994, or two years after the federal implementation of Title XI, Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), whichever is later, an appraiser must successfully complete the equivalent of at least 20 classroom hours of appraiser continuing education (ACE) courses approved by the board, during the two-year period preceding the expiration of the certificate or license. The board shall base its review and approval of appraiser continuing education courses upon the then current appraiser qualification criteria of the Appraiser Qualifications Board (AQB). (1) The purpose of ACE is to ensure that certified and licensed appraisers participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising. (2) The following types of educational offerings may be accepted for meeting the ACE requirements: (A) A course that meets the requirements for certification or licensing also may be accepted for meeting ACE provided: (i) The course is devoted to one or more of the appraisal-related topics of the then-current appraiser qualifications criteria of the Appraiser Qualifications Board (AQB) for continuing education; and (ii) The course was not repeated within a three-year period; (B) The board shall accept as continuing education any continuing education a licensed or certified appraiser was awarded by a national appraiser organization approved by the board as a provider of qualifying education; (C) A course specifically approved by the board for meeting ACE offered by a provider as specified in sec.153.13(b)(2) of this title (relating to Educational Requirements), provided the course is devoted to one or more of the appraisal- related topics of the then-current appraiser qualifications criteria of the AQB for continuing education and the course is at least two hours in duration; (D) A course that meets the Texas Real Estate Commission mandatory continuing education (MCE) requirements, provided it is devoted to one or more of the appraisal-related topics of the then-current appraiser qualifications criteria of the AQB for continuing education; (E) A seminar or other educational offering that deals with appraisal issues, offered by an appraiser trade association, a related association, or by a federal or state governmental agency, provided the offering was at least two hours in duration, and is devoted to one or more of the appraisal-related topics of the then-current appraiser qualifications criteria of the AQB for continuing education. (3)-(4) (No change.) (5) Appraiser continuing education credit may also be granted for participation, other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the board to be equivalent to obtaining appraiser continuing education. Appraisal experience may not be substituted for ACE. (f) (No change.) (g) Renewal of Licenses or Certification for Servicemen on Active Duty Outside the State. (1) A person previously licensed or certified by the board under this Act who is on active duty in the United States armed forces and serves in this capacity outside the State of Texas may renew an expired license or certification without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person: (A) provides a copy of official orders or other documentation acceptable to the board showing that the person was on active duty outside the state during the person's last renewal period; (B) applies for the renewal within 90 days after the person's active duty ends; and (C) pays the renewal application fee in effect when the previous license or certification expired. (2) Appraiser continuing education requirements that would have been imposed for a timely renewal shall be deferred under this section to the next renewal of a license or certification. (h) Denial of Licensing and Certification of Persons who are in Default on TGSLC Loans. Renewals of licenses and certifications issued by the board are subject to the policies established by the Texas Education Code, sec.57.491. Before the board declines to renew a license or certification due to default on a loan guaranteed by the Texas Guaranteed Student Loan Corporation (TGSLC), a default on a repayment agreement with TGSLC, or a failure to enter a repayment agreement with TGSLC, the board shall give notice and provide an opportunity for a hearing in accordance with the provisions of the Texas Government Code, sec.2001.051 et seq. The board shall advise those licensed or certified in renewal notices and shall advise those who apply for licensure or certification in application forms that default on a loan guaranteed by TGSLC may prevent subsequent renewal of a license or certification or prevent the approval of an initial application for license or certification. sec.153.27. Certification and Licensure by Reciprocity. (a) A person who is licensed or certified as an appraiser under the laws of a state having substantially equivalent licensure or certification requirements as those of this state may apply for a license or certification under the Act by completing and submitting to the board the application for licensure or certification and paying to the board the fee, both of which are required by the state of the person's present certification. An applicant for certification or licensure by reciprocity also must complete and submit a Supplement to Application for Appraiser Certification or Licensing by Reciprocity (TALCB Form 10.0) or its successor. (b) A person applying for a license or certification under this subsection must submit an irrevocable consent to service of process in this state pursuant to sec.153.29 of this title (relating to Irrevocable Consent to Service of Process). (c) An application may not be accepted for a person from a state that refuses to offer reciprocal treatment to residents of this state who are certified or licensed real estate appraisers. (d) The board shall seek verification from an applicant's home state that the applicant's license or certification is valid and in good standing. A reciprocal license or certificate may not be issued without the verification required by this subsection. (e) A person holding a license or certification by reciprocity must pay the federal registry fee and other fees imposed by the board. The total application fees required for certification or licensure by reciprocity shall be equal to the amount of the application, processing, and issuance fees required for a Texas certified or licensed appraiser to become certified or licensed in the applicant's home state of present licensure or certification, prorated for one year, but not less than $100. In addition, a one-year federal registry fee shall be required. (f) A reciprocal license or certification expires on the same date that the license or certification held by the applicant in the applicant's home state expires or on the first anniversary of the date the reciprocal license or certification was issued, whichever comes first. (g) Renewal of a certification or license granted through reciprocity shall be in the same manner, with the same requirements, term, and fees as for the same classification of certified or licensed appraiser as provided in sec.153.17 of this title (relating to Renewal of Certification, License, or Trainee Approval; Appraiser Continuing Education) . This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 3, 1993. TRD-9330719 Renil C. Liner Commissioner Texas Appraiser Licensing and Certification Board Effective date: November 11, 1993 Proposal publication date: September 14, 1993 For further information, please call: (512) 465-3950 Part XVI. Texas State Board of Physical Therapy Examiners Chapter 321. Definitions 22 TAC sec.321.1 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.321.1, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5704). The amendment sets a specific time limit for the co-signature of physical therapist assistant notes by the supervising physical therapist; specifically names certain types of tests and activities that may be included in the practice of physical therapy; clarifies what procedures are encompassed in the practice of physical therapy; and allows the board to trace the supervision provided to physical therapist assistants by physical therapists. The amendment functions by identifying certain tests and activities that may be performed by a licensee of the board in the practice of physical therapy. The list is not all-inclusive. The board received comments in opposition to sec.321.1(D) from 69 persons and the Texas Physical Therapy Association. The commenters state that this section does not assist the board in protecting the public and that it places unnecessary and bureaucratic demands for additional paperwork on the physical therapist. Some commenters state that the physical therapist assistant is a licensed and trained professional and that it is demeaning to require that their notes be co-signed by the supervising physical therapist. Such a requirement would be an unnecessary restriction on the utilization of physical therapist assistants in the provision of physical therapy services. Some commenters state that the physical therapist who does the initial evaluation of a patient is ultimately responsible for the patient's care and that the requirement for a co- signature does not increase the supervision of the physical therapist assistant by the physical therapist. A physical therapist assistant cannot make treatment changes without consulting the physical therapist; the physical therapist is currently required to provide a written update progress note on the patient every 30 days. Several commenters suggested alternative wording: "The physical therapist evaluating the patient is the therapist of record. The therapist of record is responsible for the physical therapy care of that patient and all patient care delegated until otherwise notified in the patient's record. The therapist of record is responsible for providing supervision of the physical therapist assistant in his or her absence. Notification is to be provided to the physical therapist assistant of this absence." The board received comments from four persons in support of the proposed section. One commenter stated that as a physical therapist it is not an imposition for him to co-sign the notes of the physical therapist assistant on a daily basis because it keeps him informed of the patient's progress and closely monitors the treatment of the patient. The board responds to the comments received by adopting the rule with changes. The change will require that each note made by the physical therapist assistant must also include the name of the physical therapist who is supervising the physical therapist assistant. The physical therapist assistant is responsible for including the name of the supervising physical therapist with the note. The change will allow for a more timely documentation of progress notes, rather than once every 30 days. This will more clearly demonstrate and record the supervision of the physical therapist assistant by the physical therapist and the changes in supervision. The physical therapist will bear no administrative burden to co-sign the notes. The physical therapist is relieved of the paperwork burden. The physical therapist assistant is given the responsibility to document who supervises the treatments. This allows the training and expertise of the physical therapist assistant to be more fully utilized. The change enhances the safety of the public and allows the patient to readily know who is in charge, i.e. the supervising physical therapist, as well as the physical therapist assistant. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.321.1. Definitions. Physical Therapist Assistant-The supervision of the physical therapist assistant shall include the following: (A) The supervising physical therapist is responsible for and will participate in the patient's care. (B) The supervising physical therapist must be on call and readily available. (C) A current written plan of care will be formulated for each patient by the physical therapist. The plan of care shall be revised following periodic reevaluations by the physical therapist, not to exceed 30 days. (D) Each progress note in a patient's chart made by a physical therapist assistant must include the name of the supervising physical therapist. (E) The physical therapist may assign responsibilities to the physical therapist assistant to: (i) provide physical therapy services as specified in the plan of care developed by the physical therapist which includes: (I) preparing patients, treatment areas, and equipment; (II) implementing treatment programs that include therapeutic exercise; gait training and techniques; ADL training techniques; administration of therapeutic heat and cold; administration of ultrasound; administration of therapeutic electric current; administration of ultraviolet; application of traction; performance of intermittent venous compression; application of external bandages, dressings, and support; and performance of goniometric measure; and (III) modifying treatment techniques as indicated in the plan of care; (ii) respond to acute changes in physiological states; (iii) teach other health care providers, patients, and families to perform selected treatment procedures and functional activities; (iv) identify architectural barriers; (v) interact with patients and families in a manner which provides the desired psycho-social support by: (I) recognizing his own reaction to illness and disability; (II) recognizing patients' and families' reactions to illness and disability; (III) respecting individual cultural, religious, and socioeconomic differences in people; and (IV) utilizing appropriate communicative processes; (vi) demonstrate appropriate and effective written, oral, and nonverbal communication with patients and their families, colleagues, and the public; (vii) recognize his own strengths and limitations and interpret for others his scope and function; (viii) demonstrate safe, ethical, and legal practice; (ix) understand basic concepts related to the health care system, including multidisciplinary team approach, quality care, governmental agencies, private sector, role of other health care providers, health care facilities, issues, and problems; and (x) understand basic principles of levels of authority and responsibility, planning, time management, supervisory process, performance evaluations, policies and procedures, and fiscal consideration (provider and consumer). (F) The physical therapist assistant may not: (i) specify and/or perform definitive (decisive, conclusive, final), evaluative, and assessment procedures; (ii) alter a plan of care or goals; (iii) recommend wheelchairs, orthoses, prostheses, other assistive devices, or alterations to architectural barriers to persons; (iv) sign progress notes which include assessments used to design or modify patient care. Physical Therapy -The evaluation, examination, and utilization of exercises, rehabilitative procedures, massage, manipulations, and physical agents including, but not limited to, mechanical devices, heat, cold, air, light, water, electricity, and sound in the aid of diagnosis or treatment. Physical therapists may perform evaluations without referral. Physical therapy practice includes the use of modalities, procedures, and tests to make evaluations. Physical therapy practice includes but is not limited to the use of: Electromyographic (EMG) Tests, Nerve Conduction Velocity (NCV) Tests, Thermography, Transcutaneous Electrical Nerve Stimulation (TENS), bed traction, application of topical medication to open wounds, sharp debridement, provision of soft goods, inhibitive casting and splinting, Phonophoresis, Iontophoresis, and biofeedback services. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330751 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 329. Licensing Procedure 22 TAC sec.329.1 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.329.1, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5705). The repeal is necessary so that more comprehensive and detailed procedures consistent with the provisions of the revised Physical Therapy Practice Act can be adopted. The repeal functions by deletion. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330752 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 22 TAC sec.sec.329.1-329.6 The Texas State Board of Physical Therapy Examiners adopts new sec.sec.329.1, 329.4, 329.5, and 329.6, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5705). Section 329.2 and sec.329.3 are adopted without changes and will not be republished. The new sections set general licensing procedure; set requirements for permanent licensure by examination and temporary licenses; set requirements for additional education for applicants who fail the examination; set requirements for applicants who take the examination in other states; and provide for provisional licenses for these applicants. All sections are in accordance with revisions to Physical Therapy Practice Act made by the 73rd Legislature. The new sections will function by enhancing the safety of the public by setting standards for licensure that ensure that persons who are licensed are qualified. Comments in opposition to the rules were received from two individuals. One commenter stated that sec.329.3(d) (Supervision of Temporary License) that requires temporary licensees to have direct, on-site supervision by permanent licensees would limit the hiring of such licensees by school districts and thereby limit the students' access to physical therapy services. The business stated that the public's safety has not been a problem in the past when temporary licensees were allowed to practice as though they were permanent licensees. One commenter said that the rule would limit public access to physical therapy services in the school and home health settings since both have difficulty recruiting physical therapists. The commenter stated that supervision is not necessary since temporary licensees have completed accredited programs. While the board understands that in the school and home health settings it may be more difficult to hire temporary licensees with direct, on-site supervision from permanent licensees, it does maintain that this rule is necessary to ensure the safety of the public. Permanent licensees have to meet two basic requirements for licensure, completion of an accredited program (or its equivalent in the case of foreign-trained applicants) and pass the national examination according to Texas' standards. Temporary licensees have met only the first requirement; they have not met the second requirement to pass the national examination. In fact, a significant number of temporary licensees do not pass the national examination and therefore lose their temporary license status. Temporary licenses are valid for approximately 3-4 months. Therefore the time period during which supervision is required is relatively brief. Additionally, sec.11 of the Physical Therapy Practice Act, Article 4512e, Texas Civil Statutes, as amended by the 73rd Legislature, requires temporary licensees to be supervised. The board maintains that temporary licensees should not have the full privileges of permanent licensure until they have passed the national examination. One commenter stated that the requirement for 60 hours of non-physical therapy credit in sec.329.5(g)(1) would be difficult for many foreign-trained applicants to meet. The board responds that the 60 hours are required by the act for all applicants for licensure whether they are U.S. trained or foreign-trained. Therefore, the board makes no change in the proposed rule. One commenter stated that the lab/lecture hours are not separated on some foreign trained applicant's transcripts; therefore, sec.329.5(g)(5) could not be followed in this regard. The board responds by adding additional language to the rule to allow the evaluator to use an appropriate ratio in separating the hours. The same commenter noted that in sec.329.6, persons who are foreign-trained who obtained licensure in a state which requires no review of foreign-trained credentials to determine equivalency to a U.S. Degree in Physical Therapy could obtain a provisional license in Texas for as long as 180 days. The board believes that this result would be risking the health and safety of the public. Therefore, the board includes language to the rule to require that the applicant have his/her credentials reviewed by a board-approved credentialing entity and that that entity submit the evaluation directly to the board. This evaluation must meet the guidelines set forth in sec.329.5(g). The new sections are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.329.1. General Licensing Procedure. (a) Applications. (1) The board office will receive completed applications from persons seeking licensure under the Act. Applications shall be examined by the executive director for conformity with rules and regulations governing applications for licensure as established by the board. Applications shall include: (A) official transcripts from colleges and/or universities; (B) physical therapy certificate or diploma from a board approved program; or (C) a certificate of proficiency or a statement of official transcript that the curriculum has been completed as required in the Act, sec.8 or sec.9, signed by the director of the program and the registrar of the school, and with the school seal affixed, is required in lieu of certificate or diploma; (D) two recent color photographs, passport-type. (2) Applications must be notarized. (3) Applicants are required to file changes of address of record with the board office as soon as possible and at least within three working days. (4) A permanent license will be mailed only to the residential address of the applicant. (b) An applicant may apply for licensure as a physical therapist assistant if his or her educational credentials are determined to be equivalent to a U.S. physical therapy program. (c) Rejections. Should the board reject an application, the reasons for failure to qualify will be stated. The applicant may file any further information to support the claim for reconsideration. If the applicant is still dissatisfied with the decision, a hearing may be requested as specified in the act, sec.20. (d) Lost license. A duplicate license will be issued in the event of loss or destruction of the original license. The licensee shall pay the appropriate fee. (e) Name change. A licensee requesting a name change must submit proof of name change, the original license, and a transfer fee. (f) Defaulters on Texas Guaranteed Student Loans. The board will issue an initial license to a person who has defaulted on a Texas Guaranteed Student Loan but will not renew the license until a repayment plan has been entered into with the Texas Guaranteed Student Loan Corporation (TGSLC) and a copy of the certification repayment agreement from the TGSLC filed with the board office. sec.329.4. Additional Education. (a) Applicants for license who fail the national examination two times or more must complete additional education in accordance of the Texas Physical Therapy Practice Act, sec.13. This additional education requirement is applied each time the examination is taken, regardless of whether the examination is taken in Texas or other states. (b) Additional education may be board-approved continuing education programs or individual tutoring. (c) Requirements for meeting additional education are based on the number of times the examination has been failed and the number of points of failure on the last examination. These requirements are set forth in the following chart. [graphic] (d) Tutorial Additional Education. (1) A tutor must be a licensed physical therapist in Texas. (2) The tutor and the applicant must develop an outline of study to meet the required number of tutorial hours and submit it to the board office. The field of study for the tutorial should be in one or more of the following subjects: anatomy, pathology, physiology, psychology, physics, electrotherapy, radiation therapy, hydrotherapy, massage therapy, exercises, physical therapy as applied to medicine, neurology, orthopedics, psychiatry, or procedures in the practice of physical therapy. A tutorial in other subjects may be approved if relevance is established in the letter, including the outline. When the outline has been approved by the board office, a letter, will be sent to the tutor and applicant. (e) CEU Additional Education. Continuing education units to fulfill additional education requirements are dependent upon the requirements set by the board for all CEUs in sec.341.3 of this title (relating to Qualifying Continuing Education Units). (f) Proof of Additional Education Completion. Evidence satisfactory to the board that the additional education has been completed is: (1) an institution's official transcript; (2) a certificate of continuing education credits; (3) a certificate of course completion; or (4) a notarized statement from the tutor of the course of study. (g) Deadlines for Completion. All requirements for additional education must be met and submitted to the board by the second deadline set for each examination if the applicant is to be allowed to sit for the examination. If the applicant fails to make the deadline, the examination fee will be refunded or may be transferred to another examination administered in Texas within one year. sec.329.5. Licensing Procedures for Foreign-Trained Applicants. (a) The provisions of sec.329.1 of this title (relating to Licensing Procedure) apply to foreign-trained applicants with the exception of 329.1(1) (A)-(C). (b) The foreign-trained applicant's transcripts will be evaluated by a board- approved credentialing entity. This entity will determine if the education is equivalent to a U.S. degree in physical therapy and if the applicant has a minimum of 60 academic semester credits or the equivalent from an accredited institution of higher learning. An evaluation by a board-approved education credentialing agency is valid for the purpose of licensing in this state for not more than two years after the date of issuance of the evaluation. (c) 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 Chapter 333 of this title (relating to Temporary License). (d) After arrival in the United States, the applicant must submit a U.S. residential address and pay all remaining fees. The residential address must be received before the second deadline set for the examination. (e) 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. (f) 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. (g) Guidelines for board-approved education credentialing agencies. (1) The credentialing agency will review all of an applicant's post-secondary professional educational credentials earned outside of the United States. The agency 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 the 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, but not by College Level Examination Program (CLEP) credits or Advanced Placement (AP). (2) The credentialing agency must attest that the institution attended by the applicant has the recognition of the Ministry of Education or the equivalent in that country. (3) The credentialing agency must attest that the applicant is licensed/registered/authorized to practice in the country in which the education and training were accomplished. (4) The credentialing agency 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 U.S. semester credit hours per year, and professional education to approximately 36 semester credit hours per year. (5) The credentialing agency must use a method to convert classroom hours to semester units which has a ratio no greater than the following: 15 contact lecture hours = 1 semester unit/hour; 45 contact laboratory hours = 1 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 agency 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. The agency must omit any of these courses that are required physical therapy courses when evaluating the equivalency of the credentials to a U.S. degree in physical therapy. (7) The agency 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 sciences, and physical therapy theory and procedures. The applicant must have also successfully completed United States required equivalent courses/hours (no less than 8 U.S. semester credit hours at the Upper Division Level) in clinical education. (8) The credentialing agency must certify that the program covering at least four years of full-time post secondary study and awarding a degree/diploma/certificate is 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. Deficiencies must be identified and must show the subjects and credit hours necessary to be considered equivalent to the U.S. Bachelor of Science in Physical Therapy. (9) The credentialing agency 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 licenser in Texas. This must be submitted to the council at least thirty days prior to any analysis performed by that person. sec.329.6. Licensure of Persons Currently Licensed in Other States, the District of Columbia, or Territories of the United States. (a) Qualifications for Provisional Licensure. (1) The board may grant a provisional license to an applicant who meets the following qualifications. (A) The applicant must have current licensure in another state, the District of Columbia, or territory of the United States that maintains professional standards considered by the board to be substantially equivalent to those set forth in the act. (B) The applicant must have passed the national examination according to Texas' standards or the Registry Examination with a score of 75% or more. (C) The applicant must be sponsored by and practice with a person licensed by the board under this act. (2) An applicant may be excused from subparagraph (C) of this section if it constitutes a hardship to the applicant. Hardship is established by the employer stating in writing to the board that the applicant is unable to secure a sponsor. If the applicant is self-employed, a letter may be provided by the applicant to this effect. (3) Current licensure in good standing means that the applicant can have no past disciplinary actions by the licensing entity or current complaints pending. Applications involving pending current complaints will be reviewed by the board. (4) Determination of Substantially Equivalent. Determination by the board as to whether a state, the District or Columbia or a territory of the United States maintains professional standards substantially equivalent to those set forth by the act, will be based on whether at the time the applicant was licensed in the state: (A) the licensing entity required passage of the national examination at least Texas's passing rate or the Registry Examination with a score of 75% or more; and (B) the applicant's education credentials have been reviewed by a board- approved credentialing entity and meet Texas standards. (5) An applicant must apply for permanent licensure and pay all applicable fees including a provisional license fee before a provisional license can be issued. (6) The applicant must have the board in the state in which they are currently licensed provide directly to this board on a form prescribed by the board the information required in paragraph (l)(A) and (B) of this section. The applicant must provide to the board the information required in paragraph (l) (C) of this section by submitting a form directly to the board office agreeing to the sponsorship, providing the sponsor's name, address, and phone number, and including a notarized signature of the applicant. The applicant must have the education credentialing entity submit directly to the board the applicant's evaluation as required by subsection (a)(4) of this section. (7) A provisional license is valid until the date the board approves or denies the provisional licensee's application for a permanent license. (8) A provisional license is required to maintain a current address with the board at all times. Failure to do so may result in revocation of the provisional license. (9) An applicant who fails to meet the requirements for a provisional license may still apply for a permanent license. (b) Permanent License. (1) The issuance of a permanent license to a person currently licensed in another state, District of Columbia, or territory of the United States will be made after the submission by the applicant of information required in sec.329.1 of this title (relating to Licensing Procedure) and the submission of scores on the national examination provided directly from a board approved reporting service or scores on the Registry Examination provided directly from the American Physical Therapy Association or from the state in which the applicant is currently licensed. (2) The application for a permanent license is valid for 180 days. (3) The board must complete the processing of a provisional licensee's application for a license not later than the 180th day after the date the provisional license is issued. The board may extend the 180-day limit if the results on an examination have not been received by the board. (4) An applicant who fails to qualify for a permanent license under this section may apply for licensure by examination. (c) Examination Scores. The applicant for a permanent license must meet one of the following conditions concerning passage of the national examination or the Registry Examination. (1) The applicant must have passed the national examination given on or after January 1, 1993, with a passing score as determined by the board. (2) The applicant must have obtained a score of 1.5 standard deviations below the nationwide mean an examination given prior to January 1, 1993. (3) The applicant must have obtained a score of 75% or higher for the Registry examination taken prior to September 1971. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330753 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 331. Endorsement Licensure 22 TAC sec.331.1, sec.331.2 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.331.1, and sec.333.2, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5710). The repeals are necessary so that new sections can be proposed in adherence to revisions of the Physical Therapy Practice Act. The repeals function by deletion of obsolete rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.331.1. Reporting of Test Scores. sec.331.2. License by Endorsement. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330755 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 333. Temporary License 22 TAC sec.sec.333.1-333.4 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.sec.333.1-333.4, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5711). The repeals are necessary so that the provisions can be added as a section under Chapter 329, Licensing Procedure. The repeals function by deletion. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.333.1. Second Temporary License. sec.333.2. Temporary License for Endorsement Applicants. sec.333.3. Previous Examination Takes. sec.333.4. Supervision of Temporary License. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330754 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 337. Display of License 22 TAC sec.337.1 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.337.1, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5711). The amendment changes a reference from annual renewal to biennial renewal in accordance with recent act changes. The section functions by making the rules adhere to the current act. Licensees will renew their licenses every two years instead of every year. One Person submitted comments on the rule stating that it prevents a licensee from obtaining duplicates of his/her license and that prevents the licensee from complying with the display portion of the rule, i.e. that the license be displayed in the principal place of practice. This is because many physical therapists work in more than one facility. The board responds that the number of complaints received regarding forgeries indicate that this is a problem. The proliferation of certified copies of the license would only exacerbate this problem. Also, licensees are provided a renewal card with their renewal certificate which they may carry with them to prove their licensure at any time. Also, the rule states that the license should be displayed at the principal place of practice. It is up to the licensee's discretion to determine what that place is. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330756 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 339. Fees 22 TAC sec.sec.339.1-339.4, 339.6-339.9, 339.30 The Texas State Board of Physical Therapy Examiners adopts amendments to sec.sec.339.1-339.4, 339.6-339.9, and 339.30, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5711). The amendments are necessary to increase fees to cover costs of the board's operations, and set new fees for new programs to cover the costs of their operations as required by Article 4512e as amended by the 73rd Legislature. The amendments function by requiring applicants, licensees, and registrants for physical therapy facilities to submit the appropriate fees. No comments were received regarding adoption of the amendment. The amendments are adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.339.1. Examination. (a) Physical therapist-$100 (This fee will increase to $185 in 1995.) (b) Physical therapist assistant-$100 (This fee will increase to $185 in 1995.) sec.339.2. Application. (a) Physical therapist-$150; (b) Physical therapist assistant-$100. sec.339.3. License. (a) Temporary license. (1) Physical therapist-$60; (2) Physical therapist assistant-$40. (b) Provisional. (1) Physical therapist-$80; (2) Physical therapist assistant-$75. sec.339.4. Renewal. (a) Physical therapist-$200 (two-year); (b) Physical therapist assistant-$150 (two-year). sec.339.6. Duplicate License. (a) Physical therapist-$25; (b) Physical therapist assistant-$25. sec.339.7. Transfer. (a) Physical therapist-$40; (b) Physical therapist assistant-$40. sec.339.8. Registration of Facilities. (a) Registration-$300; Additional site-$100. (b) Renewal of registration-$300; Additional site -$100. sec.339.9. Approval of Continuing Education Program for CEU Credit-$40 per program. sec.339.30. Fees for Applicants who Fail the Examination. Each time an applicant retakes the examination the examination fee must be paid again. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330758 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 22 TAC sec.339.5 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.339.5, without changes to the proposed text as published in the August 31, 1993, issue of the Texas Register (18 TexReg 5831). The repeal is necessary to eliminate a fee. The repeal will function by no longer requiring a fee to be charged. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330757 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 31, 1993 For further information, please call: (512) 443-8202 Chapter 341. License Renewal 22 TAC sec.sec.341.1-341.7 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.sec.341.1-341.7, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5712). The repeals are necessary so that more comprehensive and detailed rules can be adopted. The repeals function by deletion of obsolete rules. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330759 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 22 TAC sec.sec.341.1, 341.3, 341.5, 341.6, 341.7, 341.10, 341.15, 341.20 The Texas State Board of Physical Therapy Examiners adopts new sec.sec.341.1, 341.6, and 341.20, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5712). Sections 341.1, 341.5, 341.7, 341.10, and 341.15 are adopted without changes and will not be republished. The new sections set requirements for biennial renewal of licenses for physical therapists and physical therapist assistants; set CEU requirements for renewal; provide for restoration of license; and provide for notification of licensee of impending expiration. The new rules are consistent with new provisions in the Physical Therapy Practice Act passed by the 73rd Legislature. The new sections function by allowing licensees to keep their licensure current and set procedures for this process. No comments were received regarding adoption of the new rules. The new sections are adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.341.3. Qualifying Continuing Education Units. (a) One CEU is defined as 10 contact hours of an accredited course or program. Program content must be of clinical application, clinical management, behavioral science, or science. (b) Program content and CEUs accreditation must be approved by the board or a board-approved organization. (c) College or university courses in the area of clinical application, clinical management, behavioral science, science, or scientific research will be accepted. Courses will be credited at one CEU for each satisfactorily (grade of C or higher) completed credit hour. An official transcript must be submitted to the board office. (d) Self-directed Study. (1) A publication or publications may be submitted to the board for consideration of up to one-half of the biennium CEU requirement. This request along with the publication, must be presented to the board office at least 60 days prior to the licensure renewal anniversary date. Submissions after this date will not be considered. (2) Teaching or consultation in programs such as institutes, seminars, workshops, and conferences which are designed to increase professional knowledge in the field of physical therapy or other related fields and/or development and presentation of such a program may be submitted to the board for consideration of up to one-fourth of the biennium CEU requirement. The licensee must submit the request, along with the outline, program objectives, and the date and location of the presentation to the board office at least 60 days prior to the licensure renewal anniversary date. Submissions after this date will not be considered. (e) Approval of CEU Programs. (1) to receive CEU credit for a program the program must be approved by the board either before or after it is attended. An application for continuing education units form must be completed and submitted to the board for approval of a program for CEUs with a fee set by the board. Only one fee is required for each program. Once the fee has been paid for a program, any number of persons may submit attendance at this program for CEU credit without paying additional fees. A program may be provided more than one time and at different locations within the calendar year in which the fee is paid without payment of additional fees. (2) An applicant may write to the board inquiring if a particular program is approved. Periodically, a log of approved programs may be provided to an applicant upon written request to the board and payment of appropriate fee, if any. (3) Privileged Sponsors. (A) A privileged sponsor of CEU programs is an entity which has been approved by the Education Committee to have the authority to set specific CEU credits for its programs without further board review provided that privileged sponsor status is continually maintained. (B) Application Process for Privileged Sponsor Status. An applicant for privileged sponsor status must: (i) obtain approval from the board for two programs of at least .7 CEUs each within any 18-month period; (ii) submit an application for permanent sponsorship to the board; and (iii) comply with the board's standards and methods for approving a course for CEUs. (C) Maintenance of Privileged Sponsorship. omission, falsification or noncompliance with any of the above requirements will result in immediate withdrawal of the privileged sponsorship by the board. (i) offer a minimum of one CEU program each calendar year; (ii) submit to the board notification of the course to be offered. The board must receive this information prior to the course offering. Information must include: name, address, and telephone number of sponsor; title, dates of presentation, and location of program; CEUs to be awarded; and name and signature of the person who will be signing the course completion certificates; (iii) comply with a random review of the program documents by board representatives; (iv) use the following statement in publicity: "This is a continuing education offering for Physical Therapists and/or Physical Therapist Assistants approved by the Texas State Board of Physical Therapy Examiners which meets the requirement of Continuing Education Units;" and (v) Submit fee per course. sec.341.6. Restoration of License. (a) When a licensee fails to renew the license within the renewal month, as indicated by the postmark of their submitted renewal application, fees, and CEUs, the licensee is subject to fees as follows. (1) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the executive council the required renewal fee and a restoration fee that is one-half of the examination fee for the license. (2) If a person's license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the executive council all unpaid renewal fees and a restoration fee that is equal to the examination fee for the license. (3) If a person's license has been expired for one year or more, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license. However, the board may renew without examination an expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application. If the board no longer retains manual files on the person, the person must resubmit an application in accordance with sec.329.6(b) of this title (relating to Licensure of Persons Currently Licensed in Other States, the District of Columbia, or Territories of the United States) and provide appropriate documentation and proof of current licensure in another state for the two-year period. The person must pay to the executive council a fee that is equal to the examination fee for the license. If a new application must be submitted, the board requires additionally the submission of an application fee. The person must pay to the executive council a fee that is equal to the examination fee for the license. (b) When a person restores a license, the renewal month stays the same as the original renewal month. sec.341.20. Licensees Called to Active Military Service. (a) Renewal. A licensee who is a member of the reserves and called to active military service must submit renewal fees within 90 days after active service has ended if their license expired within the months of active service. The licensee must submit evidence of active service and its inclusive dates. (b) CEUs. A licensee who is a member of the reserves and called to active military service whose license expired during the period of active service will be given a waiver of CEUs. The regular renewal month will not change. The CEUs for the following biennial renewal will be pro-rated, i.e. eliminating percentages of required CEUs for the months of active service. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330760 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 342. Open Records and Open Meetings 22 TAC sec.342.1 The Texas State Board of Physical Therapy Examiners adopts new sec.342.1, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5714). The new section sets procedures for processing open records requests. This rule is in accordance with the Texas Open Records Act. The new section will function by setting procedures for processing open records requests. No comments were received regarding adoption of the new rule. The new section is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.342.1. Open Records. (a) Open Record Requests. Inspection of Public Records under the Texas Open Records Act, Texas Civil Statutes, Article 8890, sec.9(c) and (d) provide that all of the records of the board are public records and are available for public inspection during normal business hours except that investigative files and records of the board are confidential. In addition, the exceptions to disclosure in Texas Civil Statutes, Article 6252-17a may protect certain information. This rule is promulgated pursuant to Article 6252-17a to establish a records review process that is efficient, safe and timely to the public and to the agency. (1) Requests must be in writing and reasonably identify the records requested. (2) Records access will be by appointment only. (3) Records access is available only during the regular business hours of the agency. (4) Unless confidential information is involved, review may be by physical access or by duplication at the requestor's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will be provided the option of receiving copies. Costs of duplication shall be the responsibility of the requesting party in accordance with the established board fee policy, payable at the time of receipt of records, if a person; or in advance, if by mail. The board may, in its discretion, waive fees if it is in the public interest to do so. (5) When the safety of any public record is at issue, physical access may be denied and the records will be provided by duplication as previously described. (6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order. (7) All open records request appointments will be referred to the executive director or designee before complying with a request. (8) The open records coordinator for the agency is the executive director and the alternate is the director's designee. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330761 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 343. Contested Case Procedure 22 TAC sec.sec.343.3, 343.4, 343.6, 343.40, 343.41 The Texas State Board of Physical Therapy Examiners adopts amendments to sec.sec.343.3, 343.4, and 343.6, with changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5715). The amendment to sec.343.41 and new sec.343.40 are adopted without changes and will not be republished. The amendments and new section identify methods by which a referral may be accepted by a physical therapist; make it a violation knowingly falsify or forge a referral; make cheating on the national examination grounds for denying a license; set forth the process of holding an informal conference; provide further specifics regarding agreed settlements; clarify ways in which referrals may be accepted; and clarify enforcement requirements and procedures of the board. The amendments and new section function by assisting the board in enforcing the Act and rules and therefore in safeguarding the public. One person stated that sec.343.3(e)(2) should not apply to educational settings for physical therapy treatment. The board responds that sec.343.3(c)(2) does not apply to educational settings because in sec.346.1(c) (Educational Settings), the board states that in educational settings a referral must be obtained only when a student has an acute problem. Section 343.3(e)(2) provides only one of several conditions that must be met for a physical therapist to treat without a current referral. The amendments are adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.343.3. Referral Requirement and Exceptions to Referral Requirement. (a) Definitions. The following words and terms, when used in the section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Emergency circumstances-Instances where emergency medical care is called for, including first aid. (2)-(3) (No change) (b) (No change.) (c) A referral may be received by a physical therapist from a referring practitioner or other qualified health care personnel in the following ways: (1) by document; (2) by verbal order; (3) by telephone order; (4) facsimile (FAX); or (5) other electronic transmission. A verbal or telephone order should be transcribed on a document and include the signature of the physical therapist or other authorized person who received the order and the name of the referral source who authorized the treatment. (d) A physical therapist is subject to discipline from the board for providing physical therapy treatment without a request from a physician licensed to practice medicine by a state Board of Medical Examiners, by a dentist licensed by a state Board of Dental Examiners, a doctor licensed to practice chiropractic by a state Board of Chiropractic Examiners, by a podiatrist licensed by a state State Board of Podiatry Examiners, or by any other qualified licensed health care persons authorized to prescribe treatment of individuals (advanced nurse practitioners and physician assistants), except that a physical therapist may treat a patient for an injury or condition that is the subject of prior referral if certain conditions are met as set forth in the act, sec.19. (e) Conditions for treatment without referral: (1) the physical therapist must by telephone within five days or by letter postmarked within five business days notify the original referring health care personnel of the commencement of therapy; (2) the physical therapy provided must not be for more than 20 treatment sessions or 30 consecutive calendar days, whichever occurs first. At the conclusion of this time or treatment, the physical therapist must confer with the referring health-care personnel before continuing treatment; (3) the treatment can only be provided to a client/patient who received a referral not more than one year previously; (4) the physical therapist providing treatment must have been licensed for one year. The physical therapist responsible for the treatment of the patient may delegate appropriate duties to another physical therapist having less than one year of experience or to a physical therapist assistant. A physical therapist licensed for more than one year must retain responsibility and supervision for the treatment. (f) A physical therapist may provide instructions to any person who is asymptomatic relating to the instructions being given. (g) A physical therapist may provide assistance to a person in an emergency circumstance including minor emergencies without a referral. (h) A physical therapist assistant is subject to discipline from the board when physical therapy treatment has been provided other than upon the evaluation and plan of care provided by a licensed physical therapist in accordance with all the applicable act and rule requirements. sec.343.4. Practicing in a Manner Detrimental to the Public Health and Welfare. (a) The board may deny a license to or discipline an applicant/respondent who is found to be practicing in a manner detrimental to the public health and welfare. The board may deny a registration for a physical therapy facility to an applicant or discipline a physical therapy facility required to be registered by the act which is found to be practicing in a manner detrimental to the public health and welfare. (b) Practicing in a manner detrimental to the public health and welfare may include, but is not limited to, the following: (1)-(12) (No change.) (13) Knowingly falsifying and/or forging a referring practitioner's referral for physical therapy. (14) Failing to register a physical therapy facility which is not exempt or failing to renew the registration of a physical therapy facility which is not exempt. (15) Practicing in an unregistered physical therapy facility which is not exempt. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330763 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 22 TAC sec.343.40 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.343.40, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5717). The repeal is necessary that it can be replaced with a more detailed section and to assist the public and the licensees in understanding the informal conference process. The section functions by repealing the section. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330762 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202 Chapter 346. Practice Settings for Physical Therapy 22 TAC sec.346.1, sec.346.2 The Texas State Board of Physical Therapy Examiners adopts new sec.346.1, and sec.346.2, without changes to the proposed text as published in the August 27, 1993, issue of the Texas Register (18 TexReg 5717). The new section sets standards for the practice of physical therapy in educational settings and lists the types of settings in which physical therapists and physical therapist assistants work. The section will function by clarifying the responsibilities of physical therapists in educational settings and providing the types of settings in whcih physical therapists work. One person submitted comments stating that sec.346.1 should be expanded to include an exemption from the requirement of sec.343.3.(e)(2), which requires that a condition for treatment without referral is the treatment must not be for more than 20 treatment sessions or 30 consecutive calendar days. The board responds that the section referred to by the business regards only one of the several conditions that are set forth in the act (and now proposed in rules) which must be met to allow for treatment without referral. However, in sec.346.1(c), the board states that in the educational setting a referral must be obtained only when a student has an acute problem. The new section is adopted under Texas Civil Statutes, Article 4512e, sec.3(e) which provide the Texas State Board of Physical Therapy with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on October 15, 1993. TRD-9330764 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: November 11, 1993 Proposal publication date: August 27, 1993 For further information, please call: (512) 443-8202