Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 321.
DEFINITIONS
22 TAC §321.1
The Texas Board of Physical Therapy Examiners adopts an amendment
to §321.1, concerning Definitions, without changes to the proposed text
as published in the May 25, 2001, issue of the
Texas
Register
(26 TexReg 3690). The text of the rule will not be republished.
The amendment will clarify the meaning of a term.
This amendment changes the definition of "asymptomatic".
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104337
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §325.1
The Texas Board of Physical Therapy Examiners adopts an amendment
to §325.1, concerning Elections, without changes to the proposed text
as published in the May 25, 2001, issue of the
Texas
Register
(26 TexReg 3690). The text of the rule will not be republished.
The amendment will increase administrative efficiency and eliminate indecision
about the appropriate time for board elections.
The amendment eliminates confusion by changing the text of the rule to
match the wording of the law more closely.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104336
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §329.2
The Texas Board of Physical Therapy Examiners adopts amendments
to §329.2, Licensure by Examination, with a change to the proposed text
as published in the May 25, 2001 issue of the
Texas
Register
(26 TexReg 3691). The change deletes the old text which is
being replaced by new text in the amendment.
The amendments modify the additional education requirements for re-examination.
The amendments change the procedure for notifying the board about additional
education, which has to be complete before an applicant can take the exam
for the third or subsequent time. It also allows a PTA to be a tutor under
certain circumstances, and adds exam review courses as an option.
No comments were received regarding this section.
The amendments are adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
§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. The amount of additional education is set forth in the attached
chart. To be eligible to register for the exam again, the applicant must submit
a letter that identifies the area(s) of weakness and describes the plan that
addresses the weakness(s). The letter must be accompanied by proof that the
additional education has been successfully completed. Additional education
may be one or more of the following:
(A)
A commercial review course.
(B)
An individual tutorial. The completed tutorial must be
signed by the tutor and notarized, and include the tutor's curriculum vitae.
If the applicant is applying for a PT license, the tutor must be a licensed
PT. If the applicant is applying for a PTA license, the tutor must be a licensed
PT, or a licensed PTA who is associated with a Texas PTA program.
Figure: 22 TAC §329.2(f)(2)(B) (No change.)
(C)
Board-approved continuing education.
(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 the appropriate fee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104334
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §329.5
The Texas Board of Physical Therapy Examiners adopts amendments
to §329.5, concerning Licensing Procedures for Foreign-trained Applicants,
without changes to the proposed text as published in the May 25, 2001, issue
of the
Texas Register
(26 TexReg 3692). The
text of the rule will not be republished. These amendments will eliminate
delays in the licensure of qualified foreign-trained physical therapists and
increase administrative efficiency.
The amendments will allow an exception to the English language proficiency
exam requirement for foreign-trained applicants who are citizens or lawful
permanent residents of the United States, and who can prove to the Board's
satisfaction that they attended no less than four years of secondary or post-secondary
schooling in the United States. The amendments will also allow the board to
distinguish between foreign-trained applicants for licensure by exam and by
endorsement, so that applicants by endorsement have to prove that they were
licensed to practice in the country of education when they received their
first U.S. license, and not that they are currently licensed in the country
of education. Further, the amendments will remove incorrect references to
other rules and procedures, which have been updated, renumbered, or changed;
and clarify that applicants must have received a passing grade on coursework
required for licensure.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104335
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §341.1
The Texas Board of Physical Therapy Examiners adopts an amendment
to §341.1, concerning Requirements for Renewal, without changes to the
proposed text as published in the May 25, 2001, issue of the
Texas Register
(26 TexReg 3693). The text of the rule will not be republished.
The amendment will ensure that licensees who are not subject to the CE audit
are meeting the continuing education requirements.
The amendment establishes that licensees who are more than 90 days late
in renewing a license are not included in the continuing education audit,
and must submit documentation of continuing education at time of renewal.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104333
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §341.2
The Texas Board of Physical Therapy Examiners adopts an amendment
to §341.2, concerning Continuing Education Requirements, as published
in the May 25, 2001, issue of the
Texas Register
(26 TexReg 3693) without changes. The text of the rules will not be
republished. The amendment will ensure that licensees who are not subject
to the CE audit are meeting the continuing education requirements.
The amendment establishes that licensees who are more than 90 days late
in renewing a license are not included in the continuing education audit,
and must submit documentation of continuing education at time of renewal.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104332
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
22 TAC §341.8
The Texas Board of Physical Therapy Examiners adopts amendments
to §341.8, concerning Inactive Status, without changes to the proposed
text as published in the May 25, 2001, issue of the
Texas Register
(26 TexReg 3694). The text of the rule will not be republished.
The amendments will ensure that licensees returning to active practice will
be familiar with the Board's rules and will have continued to take continuing
education courses on a regular basis.
These amendments establish the requirement that licensees complete and
pass the jurisprudence exam when going inactive and renewing the inactive
status, and that the continuing education required is subject to the Board's
CE audit.
No comments were received regarding this section.
The amendment is adopted under the Physical Therapy Practice
Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the
Texas Board of Physical Therapy Examiners with the authority to adopt rules
consistent with this Act to carry out its duties in administering this Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 26, 2001.
TRD-200104331
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: August 15, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 305-6900
Chapter 511.
CERTIFICATION AS A CPA
Subchapter D. CPA EXAMINATION
22 TAC §511.70
The Texas State Board of Public Accountancy adopts the repeal
of §511.70 concerning Processing Suspected Irregularities Involving Candidates
for the Uniform CPA Examination without changes to the proposed text as published
in the June 1, 2001 issue of the
Texas Register
(26 TexReg 3902).
The repeal allows the board to write a new, more responsive rule on this
topic.
The repeal will function by repealing the old board rule so it can be
rewritten and replaced by new §511.70.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 27, 2001.
TRD-200104371
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: August 16, 2001
Proposal publication date: June 1, 2001
For further information, please call: (512) 305-7848
22 TAC §511.70
The Texas State Board of Public Accountancy adopts new §511.70
concerning Grounds for Disciplinary Action of Candidates without changes to
the proposed text as published in the June 1, 2001 issue of the
Texas Register
(26 TexReg 3903).
The new rule allows the Board to combine former §511.70 and §511.101
and to re-write these rules to allow the Board to take action against CPA
candidates who display specific behavior at the CPA examination as well as
misrepresent information on official Board applications.
The new rule will function by listing activities that are prohibited and
for which the Board may take disciplinary action against examination candidates.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 27, 2001.
TRD-200104372
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: August 16, 2001
Proposal publication date: June 1, 2001
For further information, please call: (512) 305-7848
22 TAC §511.101
The Texas State Board of Public Accountancy adopts the repeal
of §511.101 concerning Action Relating to Violations of Rules Governing
Conduct During the Examination without changes to the proposed text as published
in the June 1, 2001 issue of the
Texas Register
(26 TexReg 3904).
The repeal allows the board to write a new, more responsive rule on this
topic.
The repeal will function by repealing the old board rule so it can be rewritten
and replaced by new §511.70.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which provides the agency
with the authority to amend, adopt and repeal rules deemed necessary or advisable
to effectuate the Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 27, 2001.
TRD-200104373
William Treacy
Executive Director
Texas State Board of Public Accountancy
Effective date: August 16, 2001
Proposal publication date: June 1, 2001
For further information, please call: (512) 305-7848
Chapter 325.
ORGANIZATION OF THE BOARD
Chapter 329.
LICENSING PROCEDURE
Chapter 341.
LICENSE RENEWAL
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Subchapter E. EXAMINATION INVESTIGATION AND BOARD ACTION
Chapter 521.
FEE SCHEDULE