Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 329.
LICENSING PROCEDURE
22 TAC §329.5
The Texas Board of Physical Therapy Examiners adopts amendments
to §329.5, concerning Licensing Procedures for Foreign-Trained Applicants,
with changes to the proposed text as published in the December 9, 2005, issue
of the
Texas Register
(30 TexReg 8270).
The amendments update licensure requirements for foreign-educated applicants
to make them substantially equivalent to those for domestically educated applicants.
The changes correct grammar and sentence placement within the paragraph, clarify
references to the version of the coursework tool that will be used to evaluate
educational equivalency, to subsections in this section, and to the requirements
for an exception to the TOEFL tests for an applicant seeking licensure by
endorsement.
The amendments correct terminology and language; delete a reference to
the Application Review Committee, which no longer exists; add an exemption
for license in country of education for those denied licensure in that country
for citizenship reasons; establish the required scores for the new versions
of the English language proficiency (TOEFL) tests, and establishing appropriate
standards; waive the TOEFL test requirements for certain applicants, based
on where they received their physical therapy education; require the use of
the Federation of State Boards of Physical Therapy (FSBPT) Coursework Evaluation
Tool; replace the word equivalent with the phrase "substantially equivalent;"
create an exemption from English language proficiency score reports for foreign-trained
applicants for licensure by endorsement, under specific circumstances; change
numbers used in the formulas for converting contact hours to U.S. semester
credit hours; and delete redundant information about temporary licenses.
No comments were received regarding the amendments.
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.
§329.5.Licensing Procedures for Foreign-Trained Applicants.
(a)
The provisions of §329.1 of this title (relating to
General Licensing Procedure) apply to foreign-trained applicants.
(b)
If required by §343 of the U.S. Illegal Immigration
Reform and Immigrant Responsibility Act, the foreign-trained applicant must
present a prescreening certificate issued by a board-approved prescreening
entity. The board will establish by policy a list of board-approved prescreening
entities, which will be made available to foreign-trained applicants on request.
(c)
The foreign-trained applicant's educational credentials
and qualifications will be evaluated by a board-approved credentialing entity
in accordance with the requirements of subsection (f) of this section. The
board will establish by policy a list of approved credentialing entities.
In the event that the credentialer does not adhere to the guidelines of subsection
(f) of this section, the Board may override the evaluation. An evaluation
by a board-approved education credentialing entity is valid for the purpose
of licensing in this state for not more than two years after the date of issuance
of the evaluation.
(d)
After arrival in the United States, the applicant must
submit a United States residential address and pay all remaining fees. Only
after the applicant has arrived in the United States will the board approve
registration for the national exam.
(e)
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.
(f)
Guidelines for board-approved education credentialing entities.
(1)
The credentialing entity will review all of an applicant's
post-secondary professional education credentials earned outside of the United
States. The entity 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, with a passing grade of A, B, C, Pass or Credit, 60 semester
hours credit or the equivalent in general education courses from an accredited
institution of higher learning. This requirement may be met by credits earned
at U.S. colleges or universities, by College Level Examination Program (CLEP)
credits, or Advanced Placement (AP) according to standards of the American
Council on Education. The number of credits earned by CLEP or AP may not exceed
12 semester credits.
(2)
The credentialing entity must attest that the institution
attended by the applicant has the recognition of the Ministry of Education
or the equivalent in that country.
(3)
All foreign-trained applicants must demonstrate the ability
to communicate in English by making the minimum score accepted by the board
on the TOEFL tests. This requirement is waived for graduates of entry-level
physical therapy programs in Australia, Canada (except Quebec), Ireland, New
Zealand and the United Kingdom. For graduates of entry-level physical therapy
programs in other foreign countries, the Board may grant an exception to the
TOEFL tests if the applicant holds a current license in physical therapy in
another state and has been licensed in the U.S. for 10 years prior to application.
The Board also may grant an exception to the TOEFL tests to an applicant who
submits satisfactory proof that he/she is a citizen or lawful permanent resident
of the United States, and has attended four or more years of secondary or
post-secondary education in the U.S. Regarding the Paper-based and Computer-based
TOEFL tests: If an applicant makes a score of 50 on the TSE, the board will
allow the applicant to submit three original, notarized letters of recommendation
from individuals who have practical knowledge of the applicant's ability to
communicate successfully in spoken English. Individuals who provide this written
testimony must be native English speakers, cannot be related by blood or marriage
to the applicant, and at least one of the letters must be from a PT licensed
to practice in Texas. These letters must be submitted by their authors directly
to the board. At the board's discretion, the letters may be considered satisfactory
evidence of proficiency in spoken English. Minimum acceptable scores for the
TOEFL tests are as follow:
(A)
Paper based TOEFL tests (pbt): TOEFL (reading/comprehension)
580; TWE (writing/essay) 5.0; TSE (speaking) 55.
(B)
Computer-based TOEFL tests (cbt): TOEFL (reading/comprehension)
237; TWE (writing/essay) 5.0; TSE (speaking) 55.
(C)
Internet-based (ibt): Writing 24; Speaking 26; Reading
Comprehension 18; Listening Comprehension 21.
(4)
The credentialing entity must attest that the applicant
is or was licensed or authorized to practice in the country in which the entry-level
degree in physical therapy was granted. If there is no licensure or authorization
in such country, the applicant must be eligible for unrestricted practice
there. The Board may waive this requirement for an applicant who is not licensed
in the country of education due to a citizenship requirement of that country.
(A)
If the application is by examination, the license or authorization
in such country must be in good standing and the licensure current.
(B)
If the application is by endorsement, and the applicant
has passed the exam according to Texas standards, the license or other authorization
must have been in good standing at the time the license or authorization in
such country expired.
(5)
The credentialing entity 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 United States semester credit hours per year,
and professional education to approximately 36 semester credit hours per year.
(6)
The credentialing entity must use a method to convert classroom
hours to semester units which has a ratio no greater than the following: 15
contact lecture hours = one semester unit/hour; 45 contact laboratory hours
= one semester unit/hour. When lecture/lab hours are not delineated on the
transcript or syllabi, the evaluator may use an appropriate ratio and indicate
the ratio used in the evaluation.
(7)
The credentialing entity must list and assign a grade for
each course taken by the applicant, by assigning the grade of A, B, C, D,
F, Pass, Fail, Credit or No Credit. Those grades assigned by the credentialing
entity must be the grades that are converted to the U.S. equivalent, in accordance
with the most current version of the National Association for Foreign Student
Affairs Handbook on the Placement of Foreign Graduate Students. The credentialing
entity 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. An applicant must earn a grade
of A, B, C, or Pass or Credit in any professional physical therapy education
courses. An applicant with a grade of D, F, Fail, or no credit appearing for
a professional physical therapy education course on his/her evaluation who
has not successfully retaken the course with a grade of A, B, C, Pass or Credit
is not eligible for licensure in Texas.
(8)
The credentialing entity must attest that the applicant
has successfully completed an educational program substantially equivalent
to U.S. programs accredited by the Commission on Accreditation in 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 broad areas: basic sciences,
clinical science, and physical therapy theory and procedures. The applicant
must have also successfully completed United States required equivalent courses/hours
in clinical education. The applicant must have successfully completed at least
15 semester credit hours in clinical education (upper division level) but
will receive credit for no more than 23 semester hours. If the applicant has
completed the required course work in clinical education but the transcript
does not reflect the required credit hours then the credentialing entity may
use the conversion formula of 60 contact hours per one semester credit.
(9)
If the degree awarded is substantially equivalent to a
degree in physical therapy as awarded by CAPTE-accredited programs in regionally
accredited colleges and universities in the United States, the credentialing
entity must use one version of the Coursework Evaluation Tool for Foreign
Educated Physical Therapists (Coursework Evaluation Tool) developed by the
Federation of State Boards of Physical Therapy when evaluating an applicant's
credentials. The version of the tool used must correspond at minimum to the
year the entry-level degree was awarded. Deficiencies must be identified and
must show the subjects and credit hours necessary to satisfy the requirements
of the Coursework Evaluation Tool. If the degree received is from a CAPTE-accredited
program located outside the U.S., the program is considered equivalent to
a domestic CAPTE-accredited physical therapy program, and the applicant is
exempt from meeting the requirements of the Coursework Evaluation Tool.
(10)
The credentialing entity 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 licensure in
Texas. This must be submitted to the council at least 30 days prior to any
analysis performed by that person.
(11)
The credentialing entity must submit to the board a board-approved
form, properly signed and notarized, in which it agrees to use the board's
guidelines and the Coursework Evaluation Tool to evaluate transcripts of applicants
seeking licensure in Texas.
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 February 10, 2006.
TRD-200600701
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational
Therapy Examiners
Texas Board of Physical Therapy Examiners
Effective date: March 15, 2006
Proposal publication date: December 9, 2005
For further information, please call: (512) 305-6900
Chapter 341.
LICENSE RENEWAL