PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
CHAPTER 329. LICENSING PROCEDURE
The Texas Board of Physical Therapy Examiners adopts amending 22 TAC §329.1. General Licensure Requirements and Procedures to clarify changes in contact information that need to be reported to the board and requests for name changes. The amendment is adopted without changes to the proposed text as published in the September 08, 2023, issue of the Texas Register (48 TexReg 4980). The rule will not be republished.
The amendment eliminates reference to an address of record, changes the wording from residential to home address, and adds phone numbers and email addresses to the change of information that a licensee is required to report to the board. Additionally, the amendment clarifies that name changes must be submitted on a form prescribed by the board with the appropriate fee and a copy of legal documentation enacting the name change, and eliminates the requirement of making a name change with the renewal application.
No public comment was received.
The amended rule is adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303813
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: November 2, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners adopts amendments to 22 TAC §329.6. Licensure by Endorsement and §329.7. Exemptions from Licensure pertaining to military service member exemption pursuant to SB 422 amendment of Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SERVICE MEMBERS AND MILITARY SPOUSES, of Chapter 55, Occupations Code during the 88th Legislative Session.
The amendments are adopted in order to authorize a military service member to engage in the practice of physical therapy without obtaining a license as a physical therapist or physical therapist assistant if the military service member is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the licensure in this state and the military service member is stationed at a military installation in this state.
The amendments to §329.6 are adopted without changes to the proposed text as published in the September 08, 2023 issue of the Texas Register (48 TexReg 4981) and will not be republished. The amendments to §329.7 are adopted with changes to the proposed text as published in the September 08, 2023 issue of the Texas Register (48 TexReg 4981) by adding (C) to §329.7. Exemptions from Licensure. (5) in order to clarify that the adopted amendments do not modify or alter rights that might be provided under federal law. The rule will be republished.
Pursuant to §2001.029 of the Texas Government Code, the Board gave all interested persons a reasonable opportunity to provide written/oral commentary concerning the proposed amendment of this rule. The 30-day comment period ended on October 8, 2023. A summary of correspondence relating to the amendment and the Board's responses follow:
Notification Letter from the U.S. Department of Justice, Civil Rights Division to State Licensing Authorities dated July 13, 2023 regarding a new provision in the Servicemembers Civil Relief Act (SCRA) about the portability of professional licenses for servicemembers and their spouses.
The Board's response is the amendments as proposed align with the new provision in the SCRA.
Directive from Governor Greg Abbott to Heads of State Agencies dated August 30, 2023 regarding review of the new provision of the SCRA, 50 U.S.C. § 4025a, and implementation of any changes needed under that law.
The Board's response is the amendments as proposed align with the new provision in the SCRA.
Email from Sara Hays, Advisor, Office of Governor Greg Abbott Policy & Budget Division dated August 30, 2023 recommending amendments pertaining to changes in Occupation Code, Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses) add the following or a version of the following to include SCRA: "Subsection (*) establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law."
The Board's response is to add (C) to §329.7. Exemptions from Licensure. (5) to read: "This exemption establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that might be provided under federal law."
The amended rules 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.
Rulemaking authority is expressly granted to a state agency in SECTION 5. of SB 422, 88th Legislative Session.
§329.7.Exemptions from Licensure.
(a) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board.
(1) A person practicing physical therapy in the U.S. armed services, U.S. Public Health Service, or Veterans Administration in compliance with federal regulations for licensure of health care providers; and
(2) A person who is licensed in another jurisdiction of the U.S. and who, by contract or employment, is practicing physical therapy in this state for not more than 60 days in a 12 month period for an athletic team or organization or a performing arts company temporarily competing or performing in this state.
(b) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board and must notify the board of their intent to practice in the state.
(1) A physical therapist who is licensed in good standing in another jurisdiction of the U.S. if the person is engaging, for not more than 90 days in a 12 month period and under the supervision of a physical therapist licensed in this state, in a special project or clinic required for completion of a post-professional degree in physical therapy from an accredited college or university.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the institution or facility in which the individual will be practicing;
(iii) the name of the supervising physical therapist; and
(iv) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(2) A physical therapist or a physical therapist assistant who is licensed in good standing in another jurisdiction of the U.S. or authorized to practice physical therapy without restriction in another country if the person is engaging in patient contact and treatment as either an instructor or participant while attending an educational seminar or activity in this state for not more than 60 days in a 12 month period.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the educational activity;
(ii) the name of the course or activity sponsor;
(iii) the location of the educational activity; and
(iv) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the educational activity.
(3) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is practicing physical therapy for not more than 60 days during a declared local, state, or national disaster or emergency.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the facility in which the individual will be practicing; and
(iii) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(4) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is displaced from the person's residence or place of employment due to a declared local, state, or national disaster and is practicing physical therapy in this state for not more than 60 days after the date the disaster is declared.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the facility in which the individual will be practicing; and
(iii) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(5) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is a military service member or military spouse for the period during which the military service member to whom the military spouse is married is stationed at a military installation in Texas.
(A) The military service member or military spouse must submit written notification including the following:
(i) proof of the military service member or military spouse's residency in this state including a copy of the permanent change of station order for the military service member to whom the spouse is married;
(ii) a copy of the military service member or military spouse's military identification card; and
(iii) a list of the jurisdictions in which the military service member or military spouse has held or currently holds a license.
(B) The board will issue a written confirmation stating that:
(i) licensure in other jurisdictions has been verified;
(ii) the military service member or military spouse is authorized to practice physical therapy in the state; and
(iii) authorization does not exceed three years from the date the confirmation is received.
(C) This exemption establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that might be provided under federal law.
(c) For individuals exempt from licensure under subsection (b) of this section, the following applies:
(1) any jurisdiction of the U.S. that licenses physical therapists and physical therapist assistants is deemed to have substantially equivalent requirements for licensure;
(2) verification of licensure in other jurisdictions may be through online primary source verification; and
(3) the individual must comply with all of the laws and regulations applicable to the provision of physical therapy in Texas.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 13, 2023.
TRD-202303814
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Effective date: November 2, 2023
Proposal publication date: September 8, 2023
For further information, please call: (512) 305-6900