PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 72. BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS
The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §72.21 (Requirements for Military Spouses). The Board will propose a new §72.21 in a separate rulemaking action.
Recent changes to Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses) have expanded the methods by which the spouse of an active duty military member may obtain a license to practice chiropractic in Texas or have a license from another jurisdiction recognized by the Board. The proposed new §72.21 will reflect those changes.
The Board's Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed repeal is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the repeal as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed repeal will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).
Mr. Fortner has determined that for each year of the first five years the proposed repeal will be in effect the public benefit is an increased ability for a military spouse to practice chiropractic in Texas.
The Board provides this Government Growth Impact Statement, pursuant to Texas Government Code §2001.0221, for the proposed repeal of the current 22 TAC §72.21. For each year of the first five years the proposed repeal is in effect, Mr. Fortner has determined:
(1) The proposed repeal does not create or eliminate a government program.
(2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Board.
(4) The proposed repeal does require a decrease in fees paid to the Board.
(5) The proposed repeal does create a new regulation.
(6) The proposed repeal does repeal existing Board rules for an administrative process.
(7) The proposed repeal does not decrease the number of individuals subject to the rule's applicability.
(8) The proposed repeal does not positively or adversely affect the state economy.
Comments on the proposed repeal or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 1801 North Congress Avenue, Suite 10.500, Austin, Texas 78701, via email: tbce@tbce.state.tx.us; or fax: (512) 305-6705, no later than 30 days from the date that this proposed repeal is published in the Texas Register. Please include the rule name and number in the subject line of any comments submitted by email. Also, please note the new email address above for submitting comments to the Board.
This repeal is proposed under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), and §§55.002 - 55.006, and 55.009 (which require the Board to adopt rules relating to alternative licensing methods for military members, veterans, and military spouses).
No other statutes or rules are affected by this proposed repeal.
§72.21.Requirements for Military Spouses.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304243
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.21 (Requirements for Military Spouses). The current §72.21 is being repealed in a separate rulemaking action.
Recent changes to Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses) have expanded the methods by which the spouse of an active duty military member may obtain a license to practice chiropractic in Texas or have a license from another jurisdiction recognized by the Board. This proposed new §72.21 reflects those changes and delineates the four methods.
In general, the requirements are: First, a military spouse who is licensed in good standing in another jurisdiction may obtain a Board license within 30 days by providing written notice to the Board along with proof of residency.
Second, a military spouse who previously held a now-expired Texas license but currently has a license from another jurisdiction may be issued a new license by following the application requirements of §77.2 (License Application).
Third, a military spouse who has never held a license in Texas or in any other jurisdiction may nonetheless be issued a license if the spouse can demonstrate professional competency through other means that are satisfactory to the Board's executive director; the spouse will still be required to pass professional examinations.
And fourth, a military spouse may practice chiropractic in Texas without obtaining a Board license if the spouse holds a license in good standing in another jurisdiction, notifies the Board, provides proof of residency, and submits a copy of the military member's military identification card.
The proposed rule also provides an administrative process for appealing a denial of a license or authority to practice under these four methods, and for waiving of Board application fees.
The Board's Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed rule is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the rule as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed rule will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).
Mr. Fortner has determined that for each year of the first five years the proposed rule will be in effect the public benefit is an increased ability for a military spouse to practice chiropractic in Texas.
The Board provides this Government Growth Impact Statement, pursuant to Texas Government Code §2001.0221, for the proposed new 22 TAC §72.21. For each year of the first five years the proposed rule is in effect, Mr. Fortner has determined:
(1) The proposed rule does not create or eliminate a government program.
(2) Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the Board.
(4) The proposed rule does require a decrease in fees paid to the Board.
(5) The proposed rule does create a new regulation.
(6) The proposal does repeal existing Board rules for an administrative process.
(7) The proposed rule does not decrease the number of individuals subject to the rule's applicability.
(8) The proposed rule does not positively or adversely affect the state economy.
Comments on the proposed rule or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 1801 North Congress Avenue, Suite 10.500, Austin, Texas 78701, via email: tbce@tbce.state.tx.us; or fax: (512) 305-6705, no later than 30 days from the date that this proposed rule is published in the Texas Register. Please include the rule name and number in the subject line of any comments submitted by email. Also, please note the new email address above for submitting comments to the Board.
The rule is proposed under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), and §§55.002 - 55.006, and 55.009 (which require the Board to adopt rules relating to alternative licensing methods for military members, veterans, and military spouses).
No other statutes or rules are affected by this proposed rule.
§72.21.Requirements for Military Spouses.
(a) This section applies to an individual who is the spouse of an active duty member of the United States armed forces (military member).
(b) This section states licensing requirements established under Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses); this section does not modify any rights provided under federal law.
(c) The spouse of a military member may obtain a Texas license from the Board by other than the process required by §72.2 of this title (relating to License Application) of this chapter or have a license from another jurisdiction recognized by the Board in one of four ways:
(1) The spouse of a military member may be issued a license to practice chiropractic in Texas if the spouse is currently licensed in good standing in a jurisdiction with licensing requirements substantially similar to Texas Occupations Code Chapter 201.
(A) Before issuing a license to practice chiropractic under this paragraph, the spouse of a military member shall provide to the Board:
(i) written notification of the intent to practice chiropractic in Texas; and
(ii) proof of residency in Texas, including the military member's permanent change of duty station orders.
(B) Not later than the 10th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall verify if the spouse is licensed in good standing in another jurisdiction.
(C) Not later than the 30th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall issue a license if the information satisfies the Board.
(D) If the Board approves a license under subparagraph (A) of this paragraph, the license shall be valid for a period the same as any biennial license or 12 months from the date of issuance, whichever is longer.
(2) The Board may issue a license to the spouse of a military member who previously held a Texas license that expired while the spouse and the military member lived in another state within the five years preceding the new application date, and who currently holds a license in good standing in a jurisdiction with substantially similar licensing requirements to Texas Occupations Code Chapter 201. The spouse of a military member seeking a license under this subsection shall comply with the application requirements of §77.2 of this title (relating to License Application) of this chapter.
(3) The spouse of a military member who has never held a license in Texas or any other jurisdiction may apply for a license by showing professional competency by other means (other than examination results), to the satisfaction of the executive director, through verified military service, training, or education.
(4) The spouse of a military member may practice chiropractic in Texas without obtaining a license from the Board if the spouse currently holds a license in good standing from another jurisdiction with licensing requirements substantially similar to those in Texas Occupations Code Chapter 201.
(A) The spouse of a military member seeking to practice chiropractic in Texas under this paragraph shall provide the Board with:
(i) written notification of the intent to practice chiropractic in Texas; and
(ii) proof of residency in Texas, including the military member's permanent change of duty station orders; and
(iii) a copy of the military member's current military identification card.
(B) Not later than the 30th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall notify the spouse of the spouse's authority to practice chiropractic in Texas.
(C) The spouse of a military member who practices chiropractic under this paragraph may do so only for the time the military member is permanently stationed in Texas but not to exceed three years.
(D) In the event of a divorce or a similar event, the spouse may continue to practice chiropractic in Texas under this paragraph until the third anniversary of the date the spouse received the confirmation described in subparagraph (B) of this paragraph.
(d) The Board shall notify in writing all holders of licenses issued under this section of the requirements to renew the license with the Board.
(e) The spouse of a military member practicing in Texas under this section shall comply with all statutes and Board rules relating to chiropractic practice and are subject to disciplinary action by the Board.
(f) The Board shall exempt the spouse of a military member eligible for a license or the authority to practice under this section from application and exam fees.
(g) The spouse of a military member seeking a license or the authority to practice under this section shall undergo a criminal history background check.
(h) The Board shall maintain and update a list of jurisdictions with substantially similar licensing requirements as Texas Occupations Code Chapter 201.
(i) If the Board administratively denies an application for a license or the authority to practice under this section, an applicant may appeal the decision to the full Board.
(j) If the full Board denies an application for a license or the authority to practice under this section, the applicant may request a hearing at the State Office of Administrative Hearings.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304244
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) proposes the repeal of 22 TAC §72.22 (Requirements for Military Members and Veterans). The Board will propose a new §72.22 in a separate rulemaking action.
Recent changes to Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses) have expanded the methods by which an active duty military member or veteran may obtain a license to practice chiropractic in Texas or have a license from another jurisdiction recognized by the Board. The proposed new §72.21 will reflect those changes.
The Board's Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed rulemaking is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the rule as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed repeal will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).
Mr. Fortner has determined that for each year of the first five years the proposed rulemaking will be in effect the public benefit is an increased ability for a military member or veteran to practice chiropractic in Texas.
The Board provides this Government Growth Impact Statement, pursuant to Texas Government Code §2001.0221, for the proposed repeal 22 TAC §72.21. For each year of the first five years the proposed repeal is in effect, Mr. Fortner has determined:
(1) The proposed repeal does not create or eliminate a government program.
(2) Implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Board.
(4) The proposed repeal does require a decrease in fees paid to the Board.
(5) The proposed repeal does create a new regulation.
(6) The proposal does repeal existing Board rules for an administrative process.
(7) The proposed repeal does not decrease the number of individuals subject to the rule's applicability.
(8) The proposed repeal does not positively or adversely affect the state economy.
Comments on the proposed repeal or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 1801 North Congress Avenue, Suite 10.500, Austin, Texas 78701, via email: tbce@tbce.state.tx.us; or fax: (512) 305-6705, no later than 30 days from the date that this proposed repeal is published in the Texas Register. Please include the rule name and number in the subject line of any comments submitted by email. Also, please note the new email address above for submitting comments to the Board.
The repeal is proposed under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), and §§55.002 - 55.006, and 55.009 (which require the Board to adopt rules relating to alternative licensing methods for military members, veterans, and military spouses).
No other statutes or rules are affected by this proposed repeal.
§72.22.Requirements for Military Members and Veterans.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304245
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 305-6700
The Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.22 (Requirements for Military Members and Veterans). The current §72.22 is being repealed in a separate rulemaking action.
Recent changes to Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses) have expanded the methods by which an active duty military member or veteran may obtain a license to practice chiropractic in Texas or have a license from another jurisdiction recognized by the Board. This proposed new §72.21 reflects those changes and delineates the four methods.
In general, the requirements are: First, a military member or veteran who is licensed in good standing in another jurisdiction may obtain a Board license within 30 days by providing written notice to the Board along with proof of residency.
Second, a military member or veteran who previously held a now-expired Texas license but currently has a license from another jurisdiction may be issued a new license by following the application requirements of §77.2 (License Application).
Third, a military member or veteran spouse who has never held a license in Texas or in any other jurisdiction may nonetheless be issued a license if the military member or veteran spouse can demonstrate professional competency through other means that are satisfactory to the Board's executive director; the military member or veteran will still be required to pass professional examinations.
And fourth, a military member only may practice chiropractic in Texas without obtaining a Board license if the military member holds a license in good standing in another jurisdiction, notifies the Board, provides proof of residency, and submits a copy of the military member's military identification card.
The proposed rule also provides an administrative process for appealing a denial of a license or authority to practice under these four methods, and for waiving of Board application fees.
The Board's Executive Director, Patrick Fortner, has determined that for the first five-year period the proposed rule is in effect there will be no fiscal implications for state or local government. There will be no adverse effect on small businesses or rural communities, micro-businesses, or local or state employment. There will be no additional economic costs to persons required to comply with the rule as proposed. An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed rule will not have an adverse economic effect on small businesses or rural communities as defined in Texas Government Code §2006.001(1-a) and (2).
Mr. Fortner has determined that for each year of the first five years the proposed rule will be in effect the public benefit is an increased ability for a military spouse to practice chiropractic in Texas.
The Board provides this Government Growth Impact Statement, pursuant to Texas Government Code §2001.0221, for the proposed new 22 TAC §72.21. For each year of the first five years the proposed rule is in effect, Mr. Fortner has determined:
(1) The proposed rule does not create or eliminate a government program.
(2) Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the Board.
(4) The proposed rule does require a decrease in fees paid to the Board.
(5) The proposed rule does create a new regulation.
(6) The proposal does repeal existing Board rules for an administrative process.
(7) The proposed rule does not decrease the number of individuals subject to the rule's applicability.
(8) The proposed rule does not positively or adversely affect the state economy.
Comments on the proposed rule or a request for a public hearing may be submitted to Christopher Burnett, General Counsel, Texas Board of Chiropractic Examiners, 1801 North Congress Avenue, Suite 10.500, Austin, Texas 78701, via email: tbce@tbce.state.tx.us; or fax: (512) 305-6705, no later than 30 days from the date that this proposed rule is published in the Texas Register. Please include the rule name and number in the subject line of any comments submitted by email. Also, please note the new email address above for submitting comments to the Board.
The rule is proposed under Texas Occupations Code §201.152 (which authorizes the Board to adopt rules necessary to perform the Board's duties and to regulate the practice of chiropractic), and §§55.002 - 55.006, and 55.009 (which require the Board to adopt rules relating to alternative licensing methods for military members, veterans, and military spouses).
No other statutes or rules are affected by this proposed rule.
§72.22.Requirements for Military Members and Veterans.
(a) This section applies to an individual who is an active duty member of the United States armed forces (military member) or a veteran.
(b) This section states licensing requirements established under Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses); this section does not modify any rights provided under federal law.
(c) A military member may obtain a Texas license from the Board by other than the process required by §72.2 of this chapter (relating to License Application) or have a license from another jurisdiction recognized by the Board in one of four ways.
(1) A military member or veteran may be issued a license to practice chiropractic in Texas if the military member or veteran is currently licensed in good standing in a jurisdiction with licensing requirements substantially similar to Texas Occupations Code Chapter 201.
(A) Before practicing chiropractic under paragraph (1) of this subsection, a military member or veteran shall provide to the Board:
(i) written notification of the intent to practice chiropractic in Texas; and
(ii) proof of residency in Texas, including the member's permanent change of duty station orders.
(B) Not later than the 10th day after a military member or veteran provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall verify if the military member or veteran is licensed in good standing in another jurisdiction.
(C) Not later than the 30th day after a military member or veteran provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall issue a license if the information satisfies the Board.
(D) If the Board approves a license under this section, the license shall be valid for a period the same as any biennial license or 12 months from the date of issuance, whichever is longer.
(2) The Board may issue a license to a military member or veteran who previously held a Texas license that expired while the military member or veteran lived in another state for at least six months within the five years preceding the application date, and the military. A military member or veteran seeking a license under this subsection shall comply with the application requirements of §77.2 of this chapter (relating to License Application).
(3) A military member or veteran who has never held a license in Texas or any other jurisdiction may apply for a license by showing professional competency by other means (other than examination results), to the satisfaction of the executive director, through verified military service, training, or education.
(4) A military member only may practice chiropractic in Texas without obtaining a license from the Board if the military member currently holds a license in good standing from another jurisdiction with licensing requirements substantially similar to those in Texas Occupations Code Chapter 201.
(A) A military member seeking the authority to practice chiropractic in Texas under paragraph (4) of this subsection shall provide the Board with:
(i) written notification of the intent to practice chiropractic in Texas; and
(ii) proof of residency in Texas, including the member's permanent change of duty station orders; and
(iii) a copy of the military member's current active duty military identification card.
(B) Not later than the 30th day after a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall notify the military member that the member has the authority to practice chiropractic in Texas.
(d) The Board shall notify in writing all holders of licenses issued under this section of the requirements to renew the license with the Board.
(e) The Board shall maintain and update a list of jurisdictions with substantially similar licensing requirements as Texas Occupations Code Chapter 201.
(f) The Board shall exempt a military member or veteran eligible for a license under this section from application and exam fees.
(g) The Board shall exempt a military member or veteran from any fee or penalty for failing to timely renew a license if the failure was due to active duty military service.
(h) A military member or veteran seeking a license or authority to practice under this section shall undergo a criminal history background check.
(i) A military member or veteran practicing in Texas under this section shall comply with all statutes and Board rules relating to chiropractic practice and is subject to disciplinary action by the Board.
(j) If the Board administratively denies an application for a license under subsection (c) of this section, an applicant may appeal the decision to the full Board.
(k) If the full Board denies an application for a license under subsection (c) of this section, the applicant may request a hearing at the State Office of Administrative Hearings.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 14, 2023.
TRD-202304246
Christopher Burnett
General Counsel
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 305-6700
CHAPTER 341. LICENSE RENEWAL
The Texas Board of Physical Therapy Examiners proposes amending 22 TAC §341.3. Qualifying Continuing Competence Activities. The amendments are proposed in order to clarify certain activities that qualify for continuing competence units (CCUs).
The amendments broaden the category of residencies and fellowships by allowing completion of a residency or fellowship accredited by an entity other than the American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE) and mentorship of a resident or fellow in an approved program to qualify for CCUs, and requires the Board to maintain a list of approved residencies and fellowships. Additionally, the amendments eliminate oPTion as a qualifying activity as the Federation of State Boards of Physical Therapy (FSBPT) has discontinued the self-assessment tool.
Fiscal Note
Ralph A. Harper, Executive Director of the Executive Council of Physical Therapy & Occupational Therapy Examiners, has determined that for the first five-year period the amendment is in effect there would be no loss of revenue, and there would be no fiscal implication to units of local government as a result of enforcing or administering the rules.
Public Benefits and Costs
Mr. Harper has also determined that for the first five-year period the amendment is in effect the public benefit will be to ensure that licensees are afforded quality opportunities to engage in continuing competence activities. There will be no economic cost to licensees.
Local Employment Economic Impact Statement
The amendment is not anticipated to impact a local economy, so a local employment economic impact statement is not required.
Small and Micro-Businesses and Rural Communities Impact
Mr. Harper has determined that there will be no costs or adverse economic effects to small or micro-businesses or rural communities; therefore, an economic impact statement or regulatory flexibility analysis is not required.
Government Growth Impact Statement
During the first five-year period this amendment is in effect, the impact on government growth is as follows:
(1) The proposed rule amendment will neither create nor eliminate a government program.
(2) The proposed rule amendment will neither create new employee positions nor eliminate existing employee positions.
(3) The proposed rule amendment will neither increase nor decrease future legislative appropriations to the agency.
(4) The proposed rule amendment will neither require an increase nor a decrease in fees paid to the agency.
(5) The proposed amendment will revise an existing rule by clarifying activities that qualify for continuing competence units (CCUs).
(6) The proposed rule amendment will neither repeal nor limit an existing regulation.
(7) The proposed rule amendment will neither increase nor decrease the number of individuals subject to the rule's applicability.
(8) The proposed rule amendment will neither positively nor adversely affect this state's economy.
Takings Impact Assessment The proposed rule amendment will not impact private real property as defined by Tex. Gov't Code §2007.003, so a takings impact assessment under Tex. Gov't Code §2001.043 is not required.
Requirement for Rule Increasing Costs to Regulated Persons
Tex. Gov't Code §2001.0045, Requirement for Rule Increasing Costs to Regulated Persons, does not apply to this proposed rule because the amendments will not increase costs to regulated persons.
Public Comment
Comments on the proposed amendments may be submitted to Karen Gordon, PT Coordinator, Texas Board of Physical Therapy Examiners, 1801 Congress Ave, Suite 10.900, Austin, Texas 78701; email: karen@ptot.texas.gov. Comments must be received no later than 30 days from the date this proposed amendment is published in the Texas Register.
Statutory Authority
The amendment is proposed under Texas Occupation Code §453.102, which authorizes the board to adopt rules necessary to implement chapter 453.
Cross-reference to Statute
The proposed amendment implements provisions in Sec. 453.254, Occupations Code that pertains to continuing competence.
§341.3.Qualifying Continuing Competence Activities.
Licensees may select from a variety of activities to fulfill the requirements for continuing competence. These activities include the following:
(1) - (4) (No change.)
(5) Advanced Training, Certification, and Recognition.
(A) - (B) (No change.)
(C) Residency or fellowship relevant to physical therapy. The Board will maintain and make available a list of approved residencies
and fellowships. [The residency or fellowship must be accredited
by the American Board of Physical Therapy Residency and Fellowship
Education (ABPTRFE).] This activity type is automatically approved
and is assigned a standard approval number by the board-approved organization.
(i) The residency or fellowship must be successfully completed within the 24 months prior to the license expiration date.
(ii) Completion of the residency or fellowship is valued at up to 30 CCUs.
(iii) If selected for audit, the licensee must submit a copy of the certificate of graduation indicating completion of the fellowship or residency.
(D) Mentorship of a resident or fellow in an approved
[American Board of Physical Therapy Residency and Fellowship
Education (ABPTRFE) accredited] residency or fellowship program.
This activity type is automatically approved and is assigned a standard
approval number by the board-approved organization.
(i) Mentorship of a resident or fellow for a minimum of 150 hours of 1:1 mentoring is valued at 10 CCUs. The Board will consider partial credit for those mentors who provide mentorship for only a portion of the residency or fellowship.
(ii) Licensees may submit a maximum of 20 CCUs for this activity.
(iii) If selected for audit, the licensee must submit
a copy of a letter from the [accredited] residency or fellowship
program confirming participation as a clinical mentor, with the dates
and number of hours served as a clinical mentor.
[(E) The self-assessment tool oPTion of the Federation of State Boards of Physical Therapy (FSBPT). This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.]
[(i) Completion of oPTion is valued at 3 CCUs.]
[(ii) If selected for audit, the licensee must submit a copy of the FSBPT certificate of completion.]
(6) - (7) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 15, 2023.
TRD-202304281
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 305-6900