TITLE 22.EXAMINING BOARDS

Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

Chapter 329. LICENSING PROCEDURE

22 TAC §329.5

The Texas Board of Physical Therapy Examiners adopts the amendment to §329.5, concerning Licensure Procedures for Foreign-trained Applicants, without changes to the proposed text as published in the December 1, 2000, issue of the Texas Register (25 TexReg 11833). The amendment will eliminate unnecessary paperwork from the credentialing process for students with degrees from accredited foreign physical therapy programs.

The amendment will exempt an applicant who graduated from a physical therapy program outside of the United States from the evaluation checklist requirements, if the program attended is accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE).

No comments were received regarding these amendments.

The rule 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 January 29, 2001.

TRD-200100523

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: February 18, 2001

Proposal publication date: December 1, 2000

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


Chapter 341. LICENSE RENEWAL

The Texas Board of Physical Therapy Examiners adopts the repeal of §341.1, concerning Requirements for Renewal, §341.6, concerning Restoration of License, §341.7, concerning Notification of Impending License Expiration, §341.8, concerning Inactive Status, and §341.10, concerning Defaulters on Texas Guaranteed Student Loans. The Board adopts new sections §341.1, Requirements for Renewal, §341.2, Continuing Education Requirements, §341.6, License Restoration, §341.7, Restrictions on License Renewal, and §341.8, Inactive Status. The repeal of §§341.1, 341.6-341.8, and 341.10 and new §§341.1, 341.6, 341.7, and 341.8 are adopted without changes to the proposed text as published in the December 1, 2000, issue of the Texas Register (25 TexReg 11833). New §341.8 is adopted with changes to the proposed text and will be republished. The changes will clarify that licensees who are going or staying inactive must complete continuing education requirements for each two-year renewal period, and correct the name of the required fees.

The repeal and adoption of these rules will make it easier to understand and comply with the renewal requirements, and lead to greater administrative efficiency.

The repeal of these sections and the adoption of the replacement sections will restructure renewal procedure rules, and update the descriptions of the requirements for the inactivation, renewal or restoration of a license to reflect current terminology and changes to the procedures. The changes will also move the description of continuing education requirements and restrictions to renewal to their own clearly identifiable sections. They also make administrative procedures for PT and OT application and licensure as uniform as possible to achieve greater administrative efficiency.

No comments were received regarding these sections.

22 TAC §§341.1, 341.6-341.8, 341.10

The sections are repealed 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 January 29, 2001.

TRD-200100516

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: February 18, 2001

Proposal publication date: December 1, 2000

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


22 TAC §§341.1, 341.2, 341.6-341.8

The new sections 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.

§341.8.Inactive Status.

(a)

Inactive status indicates the voluntary termination of the right or privilege to practice physical therapy in Texas. The Board may allow a licensee who is not actively engaged in the practice of physical therapy in Texas to inactivate the license instead of renewing it at time of renewal. A licensee may remain on inactive status for no more than six consecutive years.

(b)

Requirements for initiation of inactive status. The components required to put a license on inactive status are:

(1)

a signed renewal application form, documenting completion of board-approved continuing education (CE) for the current renewal period, as described in §341.2 of this title, concerning Continuing Education; and

(2)

the inactive fee, and any late fees which may be due.

(c)

Requirements for renewal of inactive status. An inactive licensee must renew the inactive status every two years. The components required to maintain the inactive status are:

(1)

a signed renewal application form, documenting completion of board-approved continuing education (CE) for the current renewal period, as described in §341.2 of this title, concerning Continuing Education; and

(2)

the inactive renewal fee, and any late fees which may be due.

(d)

Requirements for reinstatement of active status. A licensee on inactive status may request a return to active status at any time. After the licensee has submitted a complete application for reinstatement, the board will send a renewal certificate for the remainder of the current renewal period to the licensee.

(1)

The components required to return to active status are:

(A)

a signed renewal application form, documenting completion of board-approved continuing education (CE) for the current renewal period, as described in §341.2 of this title, concerning Continuing Education;

(B)

the renewal fee, and any late fees which may be due; and

(C)

a passing score on the jurisprudence exam.

(2)

The Board will allow the licensee to substitute one of the following actions for the continuing education requirements:

(A)

re-take and pass the national licensure exam;

(B)

attend a university review course pre-approved by the board; or

(C)

complete an internship (equal to 150 hours of continuing education) pre-approved by the board.

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 January 29, 2001.

TRD-200100515

John P. Maline

Executive Director

Board of Physical Therapy Examiners

Effective date: February 18, 2001

Proposal publication date: December 1, 2000

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


Part 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

Chapter 501. RULES OF PROFESSIONAL CONDUCT

Subchapter A. GENERAL PROVISIONS

22 TAC §501.54

The Texas State Board of Public Accountancy adopts an amendment to §501.54 concerning Savings Provisions and Disposition Table without changes to the proposed text as published in the December 15, 2000 issue of the Texas Register (25 TexReg 12313).

The amendment allows the conversion chart to include correct rule numbers.

The amendment will function by inserting a correct rule number into the rule conversion chart.

No comments were received regarding adoption of the rule.

The amendment 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 January 26, 2001.

TRD-200100496

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: February 15, 2001

Proposal publication date: December 15, 2000

For further information, please call: (512) 305-7848


Subchapter C. RESPONSIBILITIES TO CLIENTS

22 TAC §501.70

The Texas State Board of Public Accountancy adopts an amendment to §501.70 concerning Independence without changes to the proposed text as published in the December 15, 2000 issue of the Texas Register (25 TexReg 12314).

The amendment allows subsection (c) (3) to clarify that independence will be considered to be impaired if the CPA receives compensation for other than professional services performed during an audit engagement.

The amendment will function by clarifying that independence will be considered to be impaired if the CPA receives compensation for other than professional services performed during an audit engagement.

No comments were received regarding adoption of the rule.

The amendment 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 January 26, 2001.

TRD-200100497

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: February 15, 2001

Proposal publication date: December 15, 2000

For further information, please call: (512) 305-7848


Subchapter D. RESPONSIBILITIES TO THE PUBLIC

22 TAC §501.85

The Texas State Board of Public Accountancy adopts new rule Section 501.85 concerning Complaint Notice without changes to the proposed text as published in the December 15, 2000, issue of the Texas Register (25 TexReg 12315).

The amendment allows for the relocation of a former board rule that requires CPAs to inform potential complainants of the Board's existence and addresses.

The amendment will function by requiring that potential complainants will be notified by their CPA of the existence of the Board and its addresses.

No comments were received regarding adoption of the rule.

The amendment 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 January 26, 2001.

TRD-200100498

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: February 15, 2001

Proposal publication date: December 15, 2000

For further information, please call: (512) 305-7848