Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.21
The Texas Appraiser Licensing and Certification Board proposes
amendments to §153.21 that remove the requirement that a trainee and
sponsor must use the same business address. The amendment also sets a limit
of three trainees per sponsor and establishes that an appraiser trainee shall
have access to appraisals and work files. The changes further require sponsors
be in good standing with the Board which is consistent with the Appraiser
Qualifications Board criteria.
Wayne Thorburn, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the amendments are
in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendments as proposed.
Mr. Thorburn also has determined that for each year of the first five years
the amendments are in effect, the anticipated public benefit as a result of
these amendments establishes criteria that are consistent with the Appraiser
Qualifications Board for appraiser trainees ensuring compliance with Federal
mandates. The proposed amendments also permit trainees to appraise under an
authorized supervisor as provided in Tex. Occ. Code §1103.354. There
will be no effect on small businesses. There is no anticipated cost to persons
who are required to comply with the section as proposed.
Comments on the proposed amendments may be submitted to Wayne Thorburn,
Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box
12188, Austin, Texas 78711-2188.
The amendments are proposed under the Texas Appraiser Licensing
and Certification Act, Subchapter D, Board Powers and Duties (Occupations
Code, Chapter 1103), which provides the board with authority to adopt rules
under §1103.151, Rules Relating to Certification and Licenses.
No other code, article, or statute is affected by this proposal.
§153.21.Appraiser Trainees and Sponsors.
(a) - (e)
(No change.)
(f)
Both the sponsoring certified appraiser and
any authorized
supervisor as well as
the appraiser trainee must reside in this state.
(g)
No individual shall sponsor more than three appraiser
trainees at one time after December 31, 2007. Prior to January 1, 2008, individuals
sponsoring three or more appraiser trainees may not take on any additional
appraiser trainees nor shall they be allowed to renew any sponsorship which
would result in the individual sponsoring more the than three appraiser trainees.
[
(h)
An approved appraiser trainee who signs an appraisal report
must include his or her TALCB approval or authorization number and the word
"Trainee."
(i)
Certified appraisers may sponsor
no more than three trainees at one time. Notification of sponsorship of an
appraiser trainee must be provided in writing to the board on a form prescribed
by the board with the appropriate fee prior to the assumption of sponsorship.
Termination of sponsorship of an appraiser trainee must be provided in writing
to the board on a form prescribed by the board with the appropriate fee prior
to the release from sponsorship. A sponsor may designate another certified
appraiser to serve as an authorized supervisor on specific appraisal projects
for which state authorization is required. An authorized supervisor assumes
the same responsibilities as a sponsor when supervising the work of an appraiser
trainee.
(j)
Certified appraisers who sponsor
appraiser trainees must provide the trainee with access to any appraisals
and work files completed under the sponsor or any authorized supervisor designated
by the sponsor.
(k)
Certified appraisers who sponsor
appraiser trainees or serve as an authorized supervisor must be in good standing
and not subject to any disciplinary action within the last two years that
affects the supervisor's legal eligibility to engage in appraisal practice.
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 June 14, 2006.
TRD-200603259
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 465-3950
Subchapter B. CONTESTED CASE HEARINGS
22 TAC §157.12
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §157.12, concerning Failure to Attend Hearing; Default
Judgment. The proposed amendment replaces the phrase of "proposal for decision"
with the phrase "final order" for consistency in terminology.
Wayne Thorburn, Commissioner for the Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period that the amended
section is in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Mr. Thorburn has also determined that for each year of the first five years
the amendment is in effect, the public benefit will be that the change clarifies
the terminology in this rule. The rule outlines important hearing procedures
and requirements relating to formally disputing disciplinary changes brought
by the Board. There will be no effect on small businesses. There will be no
cost to individuals who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Wayne Thorburn, Commissioner,
Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin,
Texas 78711-2188.
The amendment is proposed under the Texas Appraiser Licensing
and Certification Act, Subchapter D, Board Powers and Duties (Occupations
Code, Chapter 1103), which provides the board with authority to adopt rules
under §1103.151, Rules Relating to Certification and Licenses.
No other code, article, or statute is affected by this proposal.
§157.12.Failure to Attend Hearing; Default Judgment.
(a)
(No change.)
(b)
For purposes of this section, a default judgment shall
mean the issuance of a
final order
[
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 June 15, 2006.
TRD-200603290
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 465-3959
22 TAC §157.18
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §157.18, concerning Motions for Rehearing; Finality of
Decisions. The proposed amendment changes the days in which the Board may
take action on a motion from 90 days to 20 days. The amendment makes the period
consistent with the period provided in the Texas Occupations Code, §1103.519.
Wayne Thorburn, Commissioner for the Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period that the amended
section is in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Mr. Thorburn has also determined that for each year of the first five years
the amendment is in effect, the public benefit is that this change will conform
the rule to the requirements of the Texas Appraiser Licensing and Certification
Board, Texas Occupations Code, §1103.519. The rule provides individuals
an opportunity to appeal an adverse decision rendered by the administrative
law judge. There will be no effect on small businesses. There will be no cost
to individuals who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Wayne Thorburn, Commissioner,
Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin,
Texas 78711-2188.
The amendment is proposed under the Texas Appraiser Licensing
and Certification Act, Subchapter D, Board Powers and Duties (Occupations
Code, Chapter 1103), which provides the board with authority to adopt rules
under §1103.151, Rules Relating to Certification and Licenses.
No other code, article, or statute is affected by this proposal.
§157.18.Motions for Rehearing; Finality of Decisions.
(a)
(No change.)
(b)
Board action. Board action on a motion must be taken
no later than the 20th day
[
(c) - (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 June 15, 2006.
TRD-200603291
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 465-3959
Chapter 321.
DEFINITIONS
22 TAC §321.1
The Texas Board of Physical Therapy Examiners proposes amendments
to §321.1, concerning Definitions. The amendments clarify what the rules
require by adding definitions for the terms evaluation and examination.
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 understanding by the patient as well as the professional
of what a physical therapy evaluation and reevaluation should include. The
agency does not expect any financial impact on small businesses. 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 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
amendment.
§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)
Accredited curriculum in physical therapy education--A
body of courses in a physical therapy program at a school, college, or university
which has satisfied the accreditation standards of the Commission on Accreditation
for Physical Therapy Education.
(2)
Accredited physical therapist assistant program--A body
of courses at a school, college, or university which has satisfied the accreditation
standards of the Commission on Accreditation for Physical Therapy Education.
(3)
Asymptomatic--Without obvious signs or symptoms of disease.
(4)
Board-approved organization or entity--an organization
or entity to which the board has formally delegated a role in the licensure,
regulation or enforcement functions of the Physical Therapy Practice Act and
board rules.
(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)
Emergency circumstances--Instances where emergency medical
care is called for, including first aid.
(7)
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)
Evaluation--A dynamic process in which
the physical therapist makes clinical judgments based on data gathered during
the examination.
(9)
Examination--A comprehensive screening
and specific testing process leading to diagnostic classification or, as appropriate,
to a referral to another practitioner. The examination has three components:
the patient/client history, the systems review, and tests and measures.
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
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 June 19, 2006.
TRD-200603363
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
22 TAC §322.1
The Texas Board of Physical Therapy Examiners proposes amendments
to §322.1, concerning Provision of Services. The amendments describe
what a physical therapy reevaluation of the patient must include and when
it must occur.
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 oversight of physical therapy treatment for those
patients receiving treatment primarily from a physical therapist assistant,
due to the increased involvement of the supervising PT. The agency does expect
that some small businesses will feel a financial impact. 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 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
amendment.
§322.1.Provision of Services.
(a)
Initiation of physical therapy services
(1)
Referral requirement. A physical therapist is subject to
discipline from the board for providing physical therapy treatment without
a referral from a qualified healthcare practitioner licensed by the appropriate
licensing board, who within the scope of the professional licensure is authorized
to prescribe treatment of individuals. The list of qualifying referral sources
includes physicians, dentists, chiropractors, podiatrists, physician assistants,
and advanced nurse practitioners.
(2)
Exceptions to referral requirement
(A)
A PT may evaluate without referral.
(B)
A PT may provide instructions to any person who is asymptomatic
relating to the instructions being given without a referral.
(C)
Emergency Circumstances. A PT may provide emergency medical
care to a person after the sudden onset of a medical condition manifesting
itself by acute symptoms of sufficient severity without referral if the absence
of immediate medical attention could reasonably be expected to result in a
serious threat to the patient's health, serious impairment to bodily functions,
or serious dysfunction of any bodily organ or part.
(D)
Prior referrals. A physical therapist may treat a patient
for an injury or condition that is the subject of a prior referral if all
of the following conditions are met.
(i)
The physical therapist must notify the original referring
healthcare personnel of the commencement of therapy by telephone within five
days, or by letter postmarked within five business days;
(ii)
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 healthcare personnel before continuing treatment.
(iii)
The treatment can only be provided to a client/patient
who received the referral not more than one year previously.
(iv)
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
for and supervision of the treatment.
(3)
Methods of referral. A referral may be transmitted by a
qualifying referral source in the following ways:
(A)
a document (including an electronically transmitted document
or facsimile); or
(B)
verbally, in person or by telephone. If a referral is transmitted
verbally, whether in person or by telephone, it must be received, recorded
and signed by the PT, PTA or other authorized personnel, and include all of
the information that would appear on a written referral.
(b)
Evaluation and screening.
(1)
Evaluation.
Physical therapy treatment may not
be provided prior to the completion of an evaluation of the patient's condition
by a PT.
(2)
Reevaluation. A patient receiving treatment must be
reevaluated
[
(A)
at least once every 30 days, or at a higher
frequency as established by the PT; or
(B)
In response to a change in the patient's
medical status that affects physical therapy treatment, when a change in the
plan of care is needed, or prior to any planned discharge.
(C)
A reevaluation must include:
(i)
An onsite reexamination of the patient,
and
(ii)
A review of the plan of care with appropriate
revision or termination.
(3)
PTAs may screen patients designated by a PT as possible
candidates for physical therapy services. Screening entails the collection
of uniform information from all patients screened using a predetermined, standardized
format. The information collected is delivered to the supervising PT. Only
a PT may determine whether further intervention for patients screened is necessary.
(c)
Physical therapy plan of care development and implementation.
(1)
A written plan of care must be developed for each patient
by a PT.
(2)
The plan of care must be updated following the periodic
reevaluation of the patient's condition.
(3)
The plan of care or treatment goals may only be changed
or modified by a PT.
(4)
Physical therapy treatment may not be provided by a PTA
or an aide until a written plan of care, based on an evaluation by a PT, has
been completed.
(5)
A PTA may modify treatment techniques as indicated in the
plan of care.
(6)
A PT or PTA must interact with the patient regarding his/her
condition, progress and/or achievement of goals during each treatment session.
(d)
Documentation of treatment.
(1)
Each progress note in a patient's permanent record completed
by a PTA must include the name of the supervising PT.
(2)
A PTA may not sign progress notes which design or modify
the plan of care.
(3)
Physical therapy aides may not write or sign physical therapy
documents in the permanent record. However, a physical therapy aide may record
quantitative data for tasks delegated by the supervising PT or PTA. Any document
reflecting aide activities must identify the aide and the supervising PT or
PTA.
(e)
Discharge. The supervising PT is responsible for the content
and validity of the discharge summary and must sign it. A PTA may provide
clerical assistance with a discharge summary.
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 June 19, 2006.
TRD-200603364
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
22 TAC §322.3
The Texas Board of Physical Therapy Examiners proposes an
amendment to §322.3, concerning Supervision. The amendment adds a requirement
for documented conferences between a PT supervising treatment of a patient
and the PTA providing that treatment.
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 oversight of physical therapy treatment for those
patients receiving treatment primarily from a physical therapist assistant
due to the increased involvement of the supervising PT. The agency expects
no financial impact on small businesses. 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 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
amendment.
§322.3.Supervision.
(a)
It is the responsibility of each PT and/or PTA to determine
the number of PTAs and/or aides he or she can supervise safely.
(b)
Supervision of PTAs.
(1)
A supervising PT is responsible for and will participate
in the patient's care.
(2)
A supervising PT must be on call and readily available
when physical therapy services are being provided.
(3)
A PT may assign responsibilities to a PTA to provide physical
therapy services, based on the PTA's training, that are within the scope of
activities listed in §322.1, Provision of Services.
(4)
The supervising PT must hold documented
conferences with the PTA regarding the patient. The PT is responsible for
determining the frequency of the conferences.
(c)
Supervision of physical therapy aides.
(1)
A supervising PT or PTA is responsible for the supervision
of, and the physical therapy services provided by, the PT aide.
(2)
A PT or PTA must provide onsite supervision of a physical
therapy aide, and remain within reasonable proximity during the aide's interaction
with the patient.
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 June 19, 2006.
TRD-200603365
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
22 TAC §329.2
The Texas Board of Physical Therapy Examiners proposes amendments
to §329.2, concerning Licensure by Examination. The amendment replaces
references to the raw score on the national physical therapy examination with
references to the converted scale score, which is how the score is reported
to applicants. This will make it easier for applicants who have failed the
exam two or more times to determine how much additional work they must do
before they may take the exam again.
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 clearer information for applicants. There will be no effect
on small businesses, 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 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
amendment.
§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.
[
(C)
Board-approved continuing education.
Figure: 22 TAC §329.2(f)(2)(C)
(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 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 June 19, 2006.
TRD-200603366
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
22 TAC §329.5
The Texas Board of Physical Therapy Examiners proposes amendments
to §329.5, concerning Licensing Procedures for Foreign-trained Applicants.
The amendments add more information about educational program equivalency;
correct an error in the ibtTOEFL scores, clarify how the coursework tool should
be used, and delete requirements for resumes and other documents from the
board’s approved credentialing entities.
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 the clearer instructions for applicants and credentialers.
There will be no effect on small businesses, 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
amendment.
§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
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 program
must be post-secondary, requiring for entry the equivalent of high school
graduation in the United States; must consist of at least three years of classroom
instruction; and must result in the award of the first academic diploma or
degree leading to professional practice in physical therapy.
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 [
[
[
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 June 19, 2006.
TRD-200603367
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
22 TAC §341.9
The Texas Board of Physical Therapy Examiners proposes new
rule §341.9, concerning Retired Status. The new rule allows retired licensees
of this board to provide physical therapy services as voluntary charity care.
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 more voluntary charity care provided by PTs and PTAs who
are otherwise no longer working in the field. There will be no impact on small
businesses. No economic cost to persons having to comply is anticipated.
Comments on the proposed rule 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 rule 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
new rule.
§341.9.Retired Status.
(a)
Retired status means that a licensee is providing physical
therapy services only in the domain of voluntary charity care.
(b)
As used in the section:
(1)
"voluntary charity care" means physical therapy services
provided for no compensation as a volunteer of a charitable organization as
defined in §84.003 of the Texas Civil Practice and Remedies Code. Charitable
organizations include any bona fide charitable, religious, prevention of cruelty
to children or animals, youth sports and youth recreational, neighborhood
crime prevention or patrol, or educational organization (excluding fraternities,
sororities, and secret societies), or other organization promoting the common
good and general welfare for the people in a community, including these types
of organizations with a §501.(c)(3) or (4) exemption from federal income
tax, some chambers of commerce, and volunteer centers certified by the Department
of Public Safety.
(2)
"compensation" means direct or indirect payment of anything
of monetary value.
(c)
To be eligible for retired status, a licensee must hold
a current license on active or inactive status.
(d)
Requirements for initiation of retired status. The components
required to put a license on retired status are:
(1)
a completed and notarized retired status application form;
(2)
completion of board-approved continuing education (CE)
for the current renewal period;
(3)
the retired status fee and any late fees which may be due;
and
(4)
a passing score on the jurisprudence exam.
(e)
Requirements for renewal of retired status. A licensee
on retired status must renew the retired status every two years on his/her
license renewal date. The components required to renew the retired status
are:
(1)
a completed retired status application form;
(2)
completion of six hours of board-approved continuing education
(CE) by both PTs and PTAs;
(3)
the retired status renewal fee, and any late fees which
may be due; and
(4)
a passing score on the jurisprudence exam.
(f)
Requirements for return to active practice. A licensee
who has been on retired status for less than one year must submit the regular
license renewal fee and the late fee as described in §341.1, Requirements
for Renewal. A licensee who has been on retired status for more than one year
must retake and pass the national licensure examination to return the license
to active status. The components required to return the license to active
status are:
(1)
a completed and notarized application;
(2)
a fee equal to the license application fee;
(3)
a passing score on the retake of the national examination,
and
(4)
a passing score on the jurisprudence exam.
(g)
A license may be maintained on retired status indefinitely.
(h)
A licensee on retired status may use the designation "PT,
retired" or "PTA, retired", as appropriate.
(i)
Licensees on retired status are subject to the audit of
continuing education as described in §341.2 of this title, concerning
Continuing Education Requirements.
(j)
Licensees providing voluntary charity care are subject
to disciplinary action under 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 June 19, 2006.
TRD-200603368
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 305-6953
Chapter 651.
FEES
An approved appraiser trainee must use the business address of
his or her sponsor.
]
Chapter 157.
RULES RELATING TO PRACTICE AND PROCEDURE
proposal for decision
] against the respondent in which the factual allegations against the
respondent contained in the complaint shall be admitted as prima facie evidence
and deemed admitted as true, without any requirement for additional proof
to be submitted by the board.
Subchapter C. POST HEARING
within 90 days
] after the date
the commissioner is served with the motion for rehearing
[
rendition
of the final decision or order
]. If board action is not taken within
the
20
[
90
] day period, the motion for rehearing is
overruled by operation of law [
unless an extension is granted by the
board for taking an action on said motion
].
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
(8)
] 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)
] 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)
] 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)
] 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)
] On-site supervision--The
physical therapist or physical therapist assistant is on the premises and
readily available to respond.
(13)
] 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)
] 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.
Chapter 322.
PRACTICE
evaluated at least every 30 days
] by a PT:
Chapter 329.
LICENSING PROCEDURE
Figure: 22 TAC §329.2(f)(2)(B)
]
18
]; Listening Comprehension
18
[
21
].
one version of
] the Coursework Evaluation Tool
for Foreign Educated Physical Therapists (Coursework Evaluation Tool)
, as
developed by the Federation of State Boards of Physical Therapy
and modified by the Texas board,
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.
]
Chapter 341.
LICENSE RENEWAL
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS