TITLE 22.EXAMINING BOARDS

Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

Chapter 321. DEFINITIONS

22 TAC §321.1

The Texas Board of Physical Therapy Examiners proposes an amendment to §321.1, concerning Definitions. The amendment will add a definition for the term "endorsement", to parallel new terminology in §329.6, concerning licensure of persons already licensed in another state or jurisdiction of the U.S.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be increased administrative efficiency. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The amendment is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this amended section.

§321.1.Definitions.

The following words, terms, and phrases, when used in the rules of the Texas Board of Physical Therapy Examiners, shall have the following meanings, unless the context clearly indicates otherwise.

(1)-(4)

(No change.)

(5)

Endorsement - The process by which the board issues a license to a person currently licensed 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.

(6)

[ (5) ] Emergency circumstances - Instances where emergency medical care is called for, including first aid.

(7)

[ (6) ] Emergency medical care - Bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

(8)

[ (7) ] Evidence satisfactory to the board - Should all official school records be destroyed, sworn affidavits satisfactory to the board must be received from three persons having personal knowledge of the applicant's physical therapy education. These affidavits will not be used when official school records are available.

(9)

[ (8) ] Foreign-trained applicant - Any applicant whose education is from a country outside the United States, the District of Columbia, or Territories of the United States.

(10)

[ (9) ] Hearing - An adjudicative proceeding concerning the issuance, denial, suspension, reprimand, revocation of license, after which the legal rights of an applicant or licensee are to be determined by the board.

(11)

[ (10) ] Jurisprudence exam - An open-book examination made up of multiple-choice and/or true/false questions covering information contained in the Texas Physical Therapy Practice Act and Board rules.

(12)

[ (11) ] On-site supervision - The physical therapist or physical therapist assistant is on the premises and readily available to respond.

(13)

[ (12) ] 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 referrals. 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.

(14)

[ (13) ] Supervision - The delegation and continuing direction by a person or persons responsible for the practice of physical therapist, physical therapist assistant, or physical therapy aide as specified in the Physical Therapy Practice Act.

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005489

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


Chapter 323. POWERS AND DUTIES OF THE BOARD

22 TAC §323.1

The Texas Board of Physical Therapy Examiners proposes an amendment to §323.1, concerning Types of Examinations. The amendment will update the description of the board's examination responsibilities.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be a clearer description of the examination process. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The amendment is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this amended section.

§323.1.Types of Examination.

It is the duty of the board to evaluate the qualifications of applicants for licensure and to examine applicants through the national examinations selected by the board to [ pass on all the qualifications of applicants and to conduct examinations that ] measure those qualifications. The passing score on the National Physical Therapy Examination for physical therapists and physical therapist assistants shall be set by the board. In addition, the board shall examine applicants to determine successful completion of the jurisprudence examination covering the Physical Therapy Practice Act and board rules. [ The written examination shall be approved by the board. At the discretion of the board, an applicant may also be required to satisfactorily complete an oral and/or practical examination. The education committee shall administer all examinations. Applicants will be given a 14-day notice of the time and place of examination. ]

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005490

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


Chapter 325. ORGANIZATION OF THE BOARD

22 TAC §325.7

The Texas Board of Physical Therapy Examiners proposes an amendment to §325.7, concerning Board member terms. The amendment eliminates references to past actions which are now complete.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be an accurate description of board member terms. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The amendment is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this amended section.

§325.7.Board Member Terms.

(a)

Members of the board serve staggered six-year terms expiring in January of an odd-numbered year, or as appointed by the governor.

(b)

If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired part of the term.

[ To comply with the intent of Section 2 of the Texas Physical Therapy Practice Act, one professional member whose term expires January 31, 1997 will extend to January 31, 1999. Two professional members whose terms expire January 31, 1999 will extend to January 31, 2001. ]

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005491

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


Chapter 329. LICENSING PROCEDURE

The Texas Board of Physical Therapy Examiners proposes the repeal of §329.1, concerning General Licensing Procedure, §329.2, concerning License by Examination, §329.3, concerning Temporary Licensure for Examination Candidates, §329.4, concerning Additional Education, and §329.6, concerning Licensure of Persons Currently Licensed in Other States, the District of Columbia, or Territories of the United States. The repealed sections are being replaced by new sections §329.1, General Licensure Requirements and Procedures, §329.2, Licensure by Examination, §329.3, Temporary Licensure for Examination Candidates, and §329.6, Licensure by Endorsement. The information currently found in §329.4, Additional education, duplicates information in §329.2. The repeal of these sections and the adoption of the replacement sections will restructure licensing procedure rules and update the descriptions of the requirements for licensure, reflecting current terminology and changes to the procedures. They also make administrative procedures for PT and OT application and licensure as uniform as possible to achieve greater administrative efficiency.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering them.

Mr. Maline also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be easier comprehension of the application and licensure process, and greater administrative efficiency . There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed changes may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

22 TAC §§329.1 - 329.4, 329.6

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Physical Therapy Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these changed sections.

§329.1.General Licensing Procedure.

§329.2.License by Examination.

§329.3.Temporary Licensure for Examination Candidates.

§329.4.Additional Education.

§329.6.Licensure of Persons Currently Licensed in Other States, the District of Columbia, or Territories of the United States.

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005492

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


22 TAC §§329.1 - 329.3, 329.6

The new sections are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these changed sections.

§329.1.General Licensure Requirements and Procedures.

(a)

Requirements. All applications for licensure shall include:

(1)

a completed, notarized board application form with a recent color photograph of the applicant;

(2)

the non-refundable application fee as set by the executive council;

(3)

a successfully completed board jurisprudence exam on the Texas Physical Therapy Practice Act and Board rules; and

(4)

documentation of academic qualifications.

(A)

For applicants who completed their physical therapy education in the U.S., the documentation required is:

(i)

an official transcript showing completion of an accredited physical therapy or physical therapist assistant program, as provided in §453.203 of the Act. For applicants applying for a physical therapist license, official transcripts must show completion of a an entry-level program of at least 4 years, and completion of 60 semester hours in general education, from an accredited college or university; and

(ii)

a photocopy of the diploma or certificate awarded, showing graduation from a PT or PTA program; or

(iii)

a statement signed by the program director or other authorized school official, with the school seal affixed, stating that the applicant has successfully completed the PT or PTA program.

(B)

For applicants who completed their physical therapy education outside of the US, the documentation required is an evaluation by a board-approved credentialing entity, as set out in §329.5 of this title (relating to Licensing Procedure for Foreign-trained Applicants)

(b)

Licensure by examination. If an applicant has not passed the national licensure exam, the applicant must also meet the requirements in §329.2 of this title (relating to Licensure by examination).

(c)

Licensure by endorsement. If the applicant is licensed as a PT or PTA in another state or jurisdiction of the U.S., the applicant must also meet the requirements as stated in §329.6 of this title (relating to Licensure by endorsement).

(d)

Application expiration. An application for licensure is valid for one year after the date it is received by the board.

(e)

False information. An applicant who submits an application containing false information may be denied licensure by the board.

(f)

Rejection. Should the board reject an application for licensure, the reasons for the rejection will be stated. The applicant may submit additional information and request reconsideration by the Board. If the applicant remains dissatisfied, a hearing may be requested as specified in the Act, §453.352.

(g)

Changes to licensee information. Applicants and licensees must notify the board in writing of changes in residential and business address within 30 days of the change. For a name change at time of renewal, the licensee must submit a copy of the legal document enacting the name change with the renewal application.

(h)

Replacement copy of license. The Board will issue a copy of a license to replace one lost or destroyed upon receipt of a written request and the appropriate fee from the licensee. The Board will issue a new original license after a name change upon receipt of a written request, the appropriate fee, and a copy of the legal document enacting the name change.

§329.2.License by Examination.

(a)

Requirements. An applicant applying for licensure by examination must:

(1)

meet the requirements as stated in §329.1 of this title (relating to General licensure requirements and procedures); and

(2)

pass the National Physical Therapy Exam (NPTE) for physical therapists or physical therapist assistants with the score set by the board. Score reports must be sent directly to the board by the authorized score reporting service.

(b)

Notification of exam score. The Board will notify applicants in writing of the exam score.

(1)

If an applicant passes the exam, the Board will include a permanent license with the score notification.

(2)

If an applicant fails the exam, a re-examination application and fee is required for a subsequent examination.

(c)

An applicant may take the examination for PT or PTA licensure only after the application process is complete and all requirements are met.

(d)

Applying for licensure in more than one state. An applicant who applies for licensure by exam in another state, but does not receive a license from any other state, may apply for licensure by exam in Texas. The applicant must meet all other requirements for licensure in Texas, and must have the score report sent directly to the board from the authorized score reporting service.

(e)

If an examinee has failed the physical therapy examination and wishes to take the physical therapist assistant examination, the examinee may apply under the Act, §453.203.

(f)

Re-examination.

(1)

First re-examination. An applicant who fails the exam the first time is eligible to take the examination a second time after submitting a re-exam application and fee.

(2)

Second or subsequent re-examination. An applicant who fails the exam twice or more must complete additional education before taking the exam again. All additional education must be approved by the board before the applicant undertakes it. Additional education may be board-approved continuing education programs or individual tutorials.

(A)

Individual tutorials. A tutor must be a physical therapist licensed in Texas. 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 board will notify the applicant and the tutor when the outline has been approved. When the applicant has successfully completed the tutorial, the tutor must send the board a notarized statement to that effect.

(B)

Board-approved continuing education. The amount of additional education required is set forth in the following chart.

Figure: 22 TAC §329.2(f)(2)(B)

(g)

Failure of PT exam. An applicant who fails the physical therapy examination may apply for licensure as a PTA and take the physical therapist assistant examination if he meets all other requirements for licensure.

(h)

License upgrading. An applicant who was licensed under the grandfather clause may take the NPTE to upgrade his or her score. The applicant must submit a written request and the examination registration materials and fee required by the FSBPT.

§329.3.Temporary Licensure for Examination Candidates.

(a)

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

(1)

meet all requirements as stated in §329.1 of this title (relating to General licensure requirements and procedures);

(2)

meet all requirements as stated in §329.2 of this title (relating to Licensure by examination);

(3)

submit notarized temporary supervision affidavits as provided by the board; and

(4)

submit fees for temporary licensure as set by the executive council.

(b)

Eligibility. The Board will issue a temporary license to an applicant who is taking the exam for the first time. An applicant who has received a license from another state is not eligible for temporary licensure. A candidate who has taken and failed the physical therapist examination is not eligible for temporary licensure as a physical therapist assistant.

(c)

Duration. A temporary license is valid until the applicant receives the score report from the board, or until the last day of the third month after the month the license is issued, whichever occurs first. The coordinator may extend the temporary license for no more than 30 days to offset an unreasonable delay in reporting the examination results to the applicant.

(d)

Failure of examination. If the applicant fails the exam, the temporary license is void and must be returned to the board when the notification of the failure is received.

(e)

Supervision requirements. An applicant with a temporary PT license must have on-site supervision by a physical therapist with a permanent license when providing physical therapy services. An applicant with a temporary PTA license must have on-site supervision by either a physical therapist or a physical therapist assistant with a permanent license when providing physical therapy services.

§329.6.Licensure by Endorsement.

(a)

Eligibility. The Board may issue a license by endorsement to an applicant currently licensed in another state, District of Columbia, or territory of the United States, if they have not previously held a permanent license issued by this board.

(b)

Requirements. An applicant seeking licensure by endorsement must:

(1)

meet the requirements as stated in §329.1 of this title (relating to General licensure requirements and procedures); and

(2)

submit a passing score on the National Physical Therapy Examination sent directly to the board by the board-approved reporting service, or scores on the Registry Examination sent directly to the board by the American Physical Therapy Association. The applicant's score must meet one of the conditions listed in subparagraphs (A) - (C) of this paragraph:

(A)

The applicant must have passed the national examination given on or after January 1, 1993, with the score required by the board for that exam.

(B)

The applicant must have obtained a score of 1.5 standard deviations below the nationwide mean on an examination given prior to January 1, 1993.

(C)

The applicant must have obtained a score of 75% or higher for the Registry Examination taken prior to September 1971; and

(3)

submit verification of licensure in good standing from the licensing board in the jurisdiction in which the applicant is currently licensed. This verification must be sent directly to the board by the licensing board in that jurisdiction.

(c)

Provisional licensure. The Board may grant a provisional license to an applicant who is applying for licensure by endorsement if there is an unwarranted delay in the submission of required documentation outside the applicant's control. All other requirements for licensure by endorsement must be met. The applicant must also submit the provisional license fee as set by the executive council, and notarized proof of sponsorship by a licensee of this board, before the license may be issued. The Board may not grant a provisional license to an applicant with disciplinary action in their licensure history, or to an applicant with pending disciplinary action.

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005493

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


Chapter 339. FEES

22 TAC §339.1

The Texas Board of Physical Therapy Examiners proposes amendments to §339.1, concerning Examination. This amendment eliminates an incorrect fee and specifies that PT Board fees are found in the Executive Council of Physical Therapy and Occupational Therapy Examiners' rules, 40 TAC §651.2.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no effect on state or local government.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be clearer instructions for licensees. There will be no effect on small business, and no economic cost to persons having to comply is anticipated.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The amendment is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this amended section.

Fees. [ Examination. ]

(a)

Fees are set by the executive council and may be subject to change by the legislature. [ Physical therapist--$100. (This fee will increase to $185 in 1995.) ]

(b)

Fees paid to the board or executive council may be in the form of a personal check, cashier's check, money order, or other certified funds. [ Physical therapist assistant--$100. (This fee will increase to $185 in 1995.) ]

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005494

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


§339.1.22 TAC §§339.2 - 339.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Physical Therapy Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Physical Therapy Examiners proposes the repeal of §339.2, concerning Application, §339.3, concerning License, and §339.4, concerning Renewal. The repeals eliminate references to specific fees, which are set by the Executive Council of Physical Therapy and Occupational Therapy Examiners in 40 TAC §651.2, Physical Therapy Board Fees.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering them.

Mr. Maline also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing them will be increased administrative efficiency. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed repeals may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The repeals are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these repealed sections.

§339.2.Application.

§339.3.License.

§339.4.Renewal.

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005495

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


Chapter 341.
LICENSE RENEWAL

22 TAC §341.3

The Texas Board of Physical Therapy Examiners proposes amendments to §341.3, concerning Qualifying Continuing Education. This amendment clarifies that only the author of a publication may submit it to satisfy continuing education requirements.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no effect on state or local government.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be clearer instructions for licensees. There will be no effect on small business, and no economic cost to persons having to comply is anticipated.

Comments on the proposed amendments may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The amendments are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this amended section.

§341.3.Qualifying Continuing Education.

(a) - (b)

(No change.)

(c)

Self-directed study

(1)

A publication or publications may be submitted by the authors for consideration of up to one-half of their [ the ] CE requirement. The request and publication(s) must be sent to the board-approved organization at least 60 days prior to the license expiration date. Submissions after this date will not be approved.

(2)

(No change.)

(d)

(No change.)

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005496

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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


22 TAC §341.15

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Physical Therapy Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Physical Therapy Examiners proposes the repeal of §341.15, concerning Change of Address of Licensee. The repeal eliminates information which is being amended and moved to §329.1, General Licensing Requirements and Procedures.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering it.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing it will be increased administrative efficiency. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed repeal may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.

The repeal is proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this repealed section.

§341.15.Change of Address of Licensee.

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

Filed with the Office of the Secretary of State, on August 7, 2000.

TRD-200005497

John P. Maline

Executive Director, Executive Council of Physical Therapy Examiners

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: September 24, 2000

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