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CHAPTER 453. PHYSICAL THERAPISTS

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OCCUPATIONS CODETITLE 3. HEALTH PROFESSIONSSUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPYCHAPTER 453. PHYSICAL THERAPISTSSUBCHAPTER A. GENERAL PROVISIONSSec. 453.001.DEFINITIONS.In this chapter:(1)"Board" means the Texas Board of Physical Therapy Examiners.(2)"Coordinator of physical therapy programs" is the personemployed in that position under Section 452.101.(3)"Executive council" means the Executive Council of PhysicalTherapy and Occupational Therapy Examiners.(4)"Physical therapist" means a person who is licensed by theboard as a physical therapist and practices physical therapy. Theterm includes a hydrotherapist, physiotherapist,mechano-therapist, functional therapist, physical therapypractitioner, physical therapist specialist, physical therapyspecialist, physiotherapy practitioner, kinesiotherapist,physical rehabilitation specialist, and myofunctional therapist.(5)"Physical therapist assistant" means a person licensed bythe board as a physical therapist assistant:(A)who assists and is supervised by a physical therapist in thepractice of physical therapy; and(B)whose activities require an understanding of physicaltherapy.(6)"Physical therapy" means a form of health care thatprevents, identifies, corrects, or alleviates acute or prolongedmovement dysfunction or pain of anatomic or physiologic origin.(7)"Physical therapy aide" or "physical therapy technician"means a person:(A)who aids in the practice of physical therapy under theon-site supervision of a physical therapist or a physicaltherapist assistant; and(B)whose activities require on-the-job training.(8)"Physical therapy facility" means a physical site, includinga building, office, or portable facility, where the practice ofphysical therapy takes place.(9)"Referring practitioner" means a qualified licensed healthcare professional who, within the scope of professionallicensure, may refer a person for health care services. The termincludes:(A)a physician licensed to practice medicine by a state boardof medical examiners;(B)a dentist licensed by a state board of dental examiners;(C)a chiropractor licensed by a state board of chiropracticexaminers; and(D)a podiatrist licensed by a state board of podiatric medicalexaminers.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.002.APPLICATION OF SUNSET ACT.The Texas Board ofPhysical Therapy Examiners is subject to Chapter 325, GovernmentCode (Texas Sunset Act).Unless continued in existence asprovided by that chapter, the board is abolished and this chapterexpires September 1, 2013.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.07, eff. Sept.1, 2003.Amended by:Acts 2007, 80th Leg., R.S., Ch.928, Sec. 4.06, eff. June 15, 2007.Sec. 453.003.CONFLICT WITH OTHER LAW.To the extent of anyconflict between this chapter and Chapter 452, Chapter 452controls.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.004.EFFECT OF CHAPTER; APPLICABILITY.(a)Thischapter does not restrict the holder of a license issued byanother state agency from performing health care services withinthe scope of the applicable licensing act if the license holder:(1)does not represent to another that the license holder is aphysical therapist;(2)does not violate Sections 453.201(a) and (c) and 453.304;and(3)practices strictly in conformity with the statutes and rulesrelating to the license holder's license.(b)This chapter does not apply to:(1)a physical therapy aide;(2)a physical therapy student or physical therapist assistantstudent:(A)participating in an accredited physical therapy or physicaltherapist assistant educational program;and(B)being supervised by a license holder under this chapter;(3)a student:(A)participating in an accredited allied health science programleading to licensure by another state agency; and(B)being supervised by properly licensed, certified, orregistered personnel;(4)a physical therapist who is licensed in another jurisdictionof the United States if the person is engaging, for not more than90 days in a 12-month period and under the supervision of aphysical therapist licensed in this state, in a special projector clinic required for completion of a post-professional degreein physical therapy from an accredited college or university, andthe person notifies the board of the person's intent to practicein this state; or(5)a person who practices physical therapy or as a physicaltherapy assistant and who is:(A)practicing physical therapy in the United States armedservices, United States Public Health Service, or VeteransAdministration in compliance with federal regulations forlicensure of health care providers;(B)licensed in another jurisdiction of the United States orcredentialed to practice physical therapy in another country ifthe person:(i)is teaching, demonstrating, or practicing physical therapyin an educational seminar in this state for not more than 60 daysin a 12-month period, and the person notifies the board of theperson's intent to practice in this state; or(ii)by contract or employment, is practicing physical therapyin this state for not more than 60 days in a 12-month period foran athletic team or organization or a performing arts companytemporarily competing or performing in this state; or(C)licensed in another jurisdiction of the United States, ifthe person notifies the board of the person's intent to practicein this state, and:(i)is practicing physical therapy for not more than 60 daysduring a declared local, state, or national disaster oremergency; or(ii)is displaced from the person's residence or place ofemployment due to a declared local, state, or national disasterand is practicing physical therapy in this state for not morethan 60 days after the date the disaster is declared.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by:Acts 2009, 81st Leg., R.S., Ch.1188, Sec. 1, eff. June 19, 2009.Sec. 453.005.PRACTICE OF PHYSICAL THERAPY.(a)The practiceof physical therapy requires that a person practicing haveeducation, training, and experience in physical therapy.(b)The practice of physical therapy includes:(1)measurement or testing of the function of themusculoskeletal, neurological, pulmonary, or cardiovascularsystem;(2)rehabilitative treatment concerned with restoring functionor preventing disability caused by illness, injury, or birthdefect;(3)treatment, consultative, educational, or advisory servicesto reduce the incidence or severity of disability or pain toenable, train, or retrain a person to perform the independentskills and activities of daily living; and(4)delegation of selective forms of treatment to supportpersonnel while a physical therapist retains the responsibilityfor caring for the patient and directing and supervising thesupport personnel.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.006.PRACTICE OF MEDICINE.(a)A person may notengage in diagnosing diseases or in practicing medicine asdefined by law on the basis of a license issued under thischapter.(b)A person may not use an affix indicating or implying thatthe person is a physician on the basis of a license issued underthis chapter.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER B. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERSSec. 453.051.BOARD MEMBERSHIP.(a)The Texas Board ofPhysical Therapy Examiners consists of nine members appointed bythe governor with the advice and consent of the senate asfollows:(1)six physical therapist members; and(2)three members who represent the public.(b)Appointments to the board shall be made without regard tothe race, creed, sex, religion, disability, age, or nationalorigin of the appointee.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.052.PURPOSE OF BOARD.The board shall regulate thepractice of physical therapy in this state to safeguard thepublic health and welfare.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.053.PUBLIC MEMBER ELIGIBILITY.A person is noteligible for appointment as a public member of the board if theperson or the person's spouse:(1)is registered, certified, or licensed by an occupationalregulatory agency in the field of health care;(2)is employed by or participates in the management of abusiness entity or other organization regulated by the executivecouncil or board or receiving funds from the executive council orboard;(3)owns or controls, directly or indirectly, more than a 10percent interest in a business entity or other organizationregulated by the executive council or board or receiving fundsfrom the executive council or board; or(4)uses or receives a substantial amount of tangible goods,services, or funds from the executive council or board, otherthan compensation or reimbursement authorized by law forexecutive council or board membership, attendance, or expenses.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.054.MEMBERSHIP RESTRICTIONS.(a)In this section,"Texas trade association" means a nonprofit, cooperative, andvoluntarily joined association of business or professionalcompetitors in this state designed to assist its members and itsindustry or profession in dealing with mutual business orprofessional problems and in promoting their common interest.(b)An officer, employee, or paid consultant of a Texas tradeassociation in the field of health care may not be a member ofthe board.(c)A person who is the spouse of an officer, manager, or paidconsultant of a Texas trade association in the field of healthcare may not be a member of the board.(d)A person may not serve as a member of the board if theperson is required to register as a lobbyist under Chapter 305,Government Code, because of the person's activities forcompensation on behalf of a profession related to the operationof the board.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.055.TERMS; VACANCY.(a)Members of the board servestaggered six-year terms with the terms of two physical therapistmembers and one public member expiring January 31 of eachodd-numbered year.(b)If a vacancy occurs during a member's term, the governorshall appoint a replacement to fill the unexpired part of theterm.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.056.GROUNDS FOR REMOVAL.(a)It is a ground forremoval from the board that a member:(1)does not have at the time of appointment the qualificationsrequired by Section 453.051(a);(2)does not maintain during service on the board thequalifications required by Section 453.051(a);(3)violates a prohibition established by Section 453.054;(4)cannot, because of illness or disability, discharge themember's duties for a substantial part of the member's term; or(5)is absent from more than half of the regularly scheduledboard meetings that the member is eligible to attend during acalendar year unless the absence is excused by majority vote ofthe board.(b)The validity of an action of the board is not affected bythe fact that it is taken when a ground for removal of a boardmember exists.(c)If the coordinator of physical therapy programs hasknowledge that a potential ground for removal exists, thecoordinator shall notify the presiding officer of the board ofthe ground. The presiding officer shall then notify the governorthat a potential ground for removal exists.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.057.PER DIEM REIMBURSEMENT.(a)A member of theboard is entitled to a per diem as set by the GeneralAppropriations Act for each day the member engages in thebusiness of the board.(b)A member may receive reimbursement for meals, lodging, andtransportation expenses as provided by the General AppropriationsAct.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.058.OFFICERS.After the appointment of members everytwo years, the members of the board shall elect from among itsmembers a presiding officer, secretary, and other officersrequired to conduct the business of the board.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.059.MEETINGS.(a)A special meeting of the board:(1)may be called jointly by the presiding officer andsecretary; or(2)shall be called on the written request of any two members.(b)The secretary shall keep a record of each meeting of theboard. The record shall be open to public inspection at alltimes.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.060.TRAINING.(a)Before a member of the board mayassume the member's duties, the member must complete at least acourse of the training program established by the board underthis section.(b)A training program shall provide information to aparticipant regarding:(1)this chapter;(2)the programs operated by the board;(3)the role and functions of the board;(4)the rules of the board, with an emphasis on the rules thatrelate to disciplinary and investigatory authority;(5)the current budget for the board;(6)the results of the most recent formal audit of the board;(7)the requirements of Chapters 551, 552, 2001, and 2002,Government Code;(8)the requirements of the conflict of interest laws and otherlaws relating to public officials; and(9)any applicable ethics policies adopted by the board or theTexas Ethics Commission.(c)In developing the training requirements provided for by thissection, the board shall consult with the governor's office, theattorney general's office, and the Texas Ethics Commission.(d)If another state agency or entity is given the authority toestablish the training requirements, the board shall allow thattraining instead of developing its own program.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.061.CIVIL LIABILITY.A member of the board is notliable in a civil action for an act performed in good faith inexecuting duties as a board member.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER C. POWERS AND DUTIESSec. 453.101.GENERAL POWERS AND DUTIES.Except as provided byChapter 452, the board shall administer and enforce this chapter.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.102.RULES.(a)The board may adopt rules necessaryto implement this chapter.(b)The board may adopt bylaws and rules necessary to govern itsproceedings.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.103.RULES REGARDING ADVERTISING OR COMPETITIVEBIDDING.(a)The board may not adopt rules restrictingadvertising or competitive bidding by a person regulated by theboard except to prohibit false, misleading, or deceptivepractices by the person.(b)The board may not include in rules to prohibit false,misleading, or deceptive practices a rule that:(1)restricts the person's use of any medium for advertising;(2)restricts the person's personal appearance or use of theperson's voice in an advertisement;(3)relates to the size or duration of an advertisement by theperson; or(4)restricts the person's advertisement under a trade name.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.104.FEES.(a)The board may recommend to theexecutive council reasonable and necessary fees for licensesissued or services performed under this chapter that in theaggregate produce sufficient revenue to cover the cost ofadministering this chapter.(b)The board may not recommend to the executive council a feethat existed on September 1, 1993, for an amount less than theamount of that fee on that date.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.105.EMPLOYEES; DIVISION OF RESPONSIBILITIES.(a)Theboard may request the executive council to assign administrativeand clerical employees as necessary to carry out the board'sfunctions.(b)The board shall develop and implement policies that clearlydefine the respective responsibilities of the board and the staffof the executive council.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.106.LIST OF LICENSE HOLDERS.(a)The secretary shallmaintain a list of the names of each physical therapist licensedunder this chapter.(b)The list shall be open to public inspection at all times.(c)On March 1 of each year, the coordinator of physical therapyprograms shall transmit an official copy of the list to theexecutive council.(d)A certified copy of the list of license holders isadmissible as evidence in a court of this state.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.209(a), eff.Sept. 1, 2001.Sec. 453.107.BOARD DUTIES REGARDING COMPLAINTS.(a)The boardby rule shall:(1)adopt a form to standardize information concerningcomplaints made to the board; and(2)prescribe information to be provided to a person when theperson files a complaint with the board.(b)The board shall provide reasonable assistance to a personwho wishes to file a complaint.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.108.PROSECUTING VIOLATIONS.The board shall assistthe proper legal authorities in prosecuting a person who violatesthis chapter.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.109.ANNUAL REPORT.Not later than January 1 of eachyear, the board shall submit to the governor and the presidingofficer of each house of the legislature a complete and detailedwritten report accounting for all funds received and disbursed bythe board during the preceding year.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINTPROCEDURESSec. 453.151.PUBLIC INTEREST INFORMATION.(a)The board shallprepare information of public interest describing the functionsof the board and the procedures by which complaints are filedwith and resolved by the board.(b)The board shall make the information available to the publicand appropriate state agencies.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.152.COMPLAINTS.A license holder shall at all timesprominently display in the license holder's place of business asign containing:(1)the board's name, mailing address, and telephone number; and(2)a statement informing consumers that a complaint against alicense holder can be directed to the board.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.153.RECORD OF COMPLAINTS.(a)The board shall keepan information file about each complaint filed with the executivecouncil and referred to the board. The board's information filemust be kept current and contain a record for each complaint of:(1)each person contacted in relation to the complaint;(2)a summary of findings made at each step of the complaintprocess;(3)an explanation of the legal basis and reason for a complaintthat is dismissed;(4)the schedule required under Section 453.154 and a notationabout a change in the schedule; and(5)other relevant information.(b)If a written complaint is received by the board that theboard has authority to resolve, the board, at least quarterly anduntil final disposition of the complaint, shall notify theparties to the complaint of the status of the complaint unlessnotice would jeopardize an undercover investigation.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.154.GENERAL RULES INVOLVING COMPLAINT INVESTIGATIONAND DISPOSITION.(a)The board shall adopt rules relating tothe investigation of a complaint received by the board. The rulesshall:(1)distinguish between categories of complaints;(2)ensure that complaints are not dismissed without appropriateconsideration;(3)require that the board be advised of a complaint that isdismissed and that a letter be sent to the person who filed thecomplaint explaining the action taken on the dismissed complaint;(4)ensure that the person who filed the complaint has anopportunity to explain the allegations made in the complaint;(5)prescribe guidelines concerning the categories of complaintsthat require the use of a private investigator and the proceduresfor the board to obtain the services of a private investigator;and(6)require the board to advise the executive council ofcomplaints that have been disposed of.(b)The board shall:(1)dispose of each complaint in a timely manner; and(2)establish a schedule for conducting each phase of theinvestigation of a complaint that is under the control of theboard not later than the 30th day after the date the boardreceives the complaint.(c)Each party shall be notified of the projected timerequirements for the complaint.(d)Each party to the complaint must be notified of a change inthe schedule not later than the seventh day after the date thechange is made.(e)The coordinator of physical therapy programs shall notifythe board of a complaint that is unresolved after the timeprescribed by the board for resolving the complaint so that theboard may take necessary action on the complaint.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.155.PUBLIC PARTICIPATION.(a)The board shalldevelop and implement policies that provide the public with areasonable opportunity to appear before the board and to speak onany issue under the board's jurisdiction.(b)The board shall prepare and maintain a written plan thatdescribes how a person who does not speak English can be providedreasonable access to the board's programs.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER E. LICENSE REQUIREMENTS; REGISTRATION OF FACILITIESSec. 453.201.LICENSE REQUIRED; USE OF TITLE.(a)A person maynot practice physical therapy or practice as a physical therapistassistant, unless the person is an individual who holds a licenseissued by the board.(b)A person, including the person's employee or other agent orrepresentative, may not extend or provide physical therapyservices unless the services are provided by a physicaltherapist.(c)A person is considered to be practicing physical therapy ifthe person:(1)performs, offers to perform, or attempts to perform physicaltherapy; or(2)publicly professes to be or holds the person out to be aphysical therapist or as providing physical therapy.(d)Unless the person is a physical therapist, a person,including the person's employee or other agent or representative,may not use in connection with the person's name or businessactivity:(1)the words "physical therapy," "physical therapist,""physiotherapy," "physiotherapist," "licensed physicaltherapist," "registered physical therapist," or "physicaltherapist assistant";(2)the letters "PT," "PhT," "LPT," "RPT," or "PTA"; or(3)any other words, letters, abbreviations, or insigniaindicating or implying, by any means or in any way, that physicaltherapy is provided or supplied.(e)A person may not use the title "Physical Therapist" unlessthe person is a physical therapist.(f)A person may not use the title "Physical TherapistAssistant" unless the person is a physical therapist assistant.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.2095, eff.Sept. 1, 2001.Sec. 453.202.LICENSE APPLICATION.(a)An applicant for aphysical therapist license or a physical therapist assistantlicense must submit to the board a written application on a formprovided by the board.(b)The application must be accompanied by:(1)an examination fee prescribed by the board; and(2)a nonrefundable application fee prescribed by the board.(c)The examination fee under Subsection (b)(1) is refundable ifthe applicant does not take the examination.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.203.QUALIFICATIONS FOR PHYSICAL THERAPIST OR PHYSICALTHERAPIST ASSISTANT LICENSE.(a)An applicant for a physicaltherapist license must, in addition to other requirements andqualifications established by the board, present:(1)evidence satisfactory to the board that the applicant hascompleted an accredited physical therapy educational program; or(2)official documentation from an educational credentialsreview agency approved by the board certifying that the applicanthas completed:(A)a program equivalent to a Commission on Accreditation ofPhysical Therapy Education accredited program; and(B)at least 60 academic semester credits or the equivalent froman accredited institution of higher education.(b)An applicant for a physical therapist assistant licensemust, in addition to other requirements and qualificationsestablished by the board, present evidence satisfactory to theboard that the applicant has completed an accredited physicaltherapist assistant program or an accredited physical therapyeducational program, including courses in the anatomical,biological, and physical sciences, and clinical proceduresprescribed and approved by the board.(c)A physical therapy educational program or physical therapistassistant program is an accredited program if the program is:(1)accredited by the Commission on Accreditation in PhysicalTherapy Education; and(2)associated with an institution of higher education.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.204.FOREIGN-TRAINED APPLICANTS.(a)To obtain alicense under this chapter, an applicant who is foreign-trainedmust satisfy the examination requirements of Section 453.208.(b)Before allowing a foreign-trained applicant to take theexamination, the board shall require the applicant to furnishproof of:(1)good moral character; and(2)completion of requirements substantially equal to thoseunder Section 453.203.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.205.LICENSE EXAMINATION.(a)The board shall examineapplicants for licenses at least once each year at a reasonableplace and time designated by the board.(b)The examination must cover the subjects generally taught byan accredited physical therapy educational program or anaccredited physical therapist assistant program and may includeclinical decision-making and evaluation, treatment programplanning and implementation, and administration, education,consultation, and research in physical therapy.(c)The board by rule may establish a procedure foradministering the examination, including the conditions underwhich and the number of times an applicant may retake anexamination.(d)The board shall have any written portion of the examinationvalidated by an independent testing entity.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.206.EXAMINATION RESULTS.(a)The board shall notifyeach examinee of the results of the examination not later thanthe 30th day after the day on which the examination isadministered. If an examination is graded or reviewed by anational testing service, the board shall notify each examinee ofthe results of the examination not later than the 14th day afterthe day on which the board receives the results from the testingservice.(b)If the notice of the examination results graded or reviewedby a national testing service will be delayed for longer than 90days after the examination date, the board shall notify eachexaminee of the reason for the delay before the 90th day.(c)If requested in writing by a person who fails a licensingexamination, the board shall furnish the person with an analysisof the person's performance on the examination.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.207.REEXAMINATION.(a)An applicant who fails topass a one-part examination or a part of a divided examinationmay take another one-part examination or the part of the dividedexamination that the applicant failed on payment of an additionalexamination fee.(b)If an applicant fails to pass a second or subsequentexamination, the board shall require the applicant to complete anadditional course of study designated by the board. Before takinga subsequent examination, the applicant must:(1)present to the board satisfactory evidence that theapplicant has completed the required course of study; and(2)pay an additional fee equal to the amount of the feerequired for filing the original application.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.208.ISSUANCE OF LICENSE.(a)The board shall issue alicense to an applicant who:(1)passes the examination under Section 453.205;(2)meets the qualifications prescribed by Section 453.203; and(3)has not committed an act that constitutes a ground fordenial of a license under Section 453.351.(b)The board may issue a physical therapist assistant licenseto a person who has not completed an accredited physicaltherapist assistant program if the person:(1)meets the requirements under Section 453.203(a); and(2)has not been the subject of disciplinary action in anotherstate or nation.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.209.PROVISIONAL LICENSE.(a)The board may issue aprovisional license to an applicant licensed in another statethat maintains professional standards considered by the board tobe equivalent to and has licensing requirements that aresubstantially equivalent to the requirements under this chapter.An applicant for a provisional license under this section must:(1)present proof to the board that the applicant is licensed ingood standing as a physical therapist or physical therapistassistant in that state;(2)have passed a national examination or other examinationrecognized by the board relating to the practice of physicaltherapy; and(3)be sponsored by a person licensed under this chapter withwhom the provisional license holder may practice.(b)The board may waive the requirement of Subsection (a)(3) foran applicant if the board determines that compliance with thatrequirement constitutes a hardship to the applicant.(c)A provisional license is valid until the date the boardapproves or denies the provisional license holder's applicationfor a physical therapist or physical therapist assistant license.(d)The board shall issue a physical therapist or physicaltherapist assistant license to the provisional license holder if:(1)the provisional license holder passes a jurisprudenceexamination, if required;(2)the board verifies that the provisional license holder hasthe academic and experience requirements for a physical therapistor physical therapist assistant license; and(3)the provisional license holder satisfies any otherrequirements for a physical therapist or physical therapistassistant license.(e)The board must complete the processing of a provisionallicense holder's application for a license not later than the180th day after the date the provisional license is issued. Theboard may extend that deadline if the results on an examinationhave not been received by the board.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.210.TEMPORARY LICENSE.(a)The board by rule mayprovide for the issuance of a temporary license.(b)The holder of a temporary license must practice under thesupervision of a physical therapist.(c)A rule adopted under this section must include a time limitfor a person to hold a temporary license.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.211.INACTIVE STATUS.(a)The board by rule mayprovide for a license holder to place the holder's license underthis chapter on inactive status.(b)A rule adopted under this section must include a time limitfor a license holder's license to remain on inactive status.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.212.DISPLAY OF LICENSE AND RENEWAL CERTIFICATE.Alicense holder under this chapter shall display the licenseholder's license and renewal certificate in a conspicuous placein the principal office in which the license holder practicesphysical therapy.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.213.PHYSICAL THERAPY FACILITY REGISTRATION.(a)Theboard by rule shall adopt requirements for the registration andrenewal of a registration of a physical therapy facility. Afacility licensed under Subtitle B, Title 4, Health and SafetyCode, is exempt from the registration requirements under thissection.(b)If a person owns more than one physical therapy facility,the board may require the person to make only one application forthe registration of all facilities.(c)In accordance with Section 453.004, a rule adopted underthis section may not prohibit a license holder from practicing ina physical therapy facility within the scope of the licenseholder's license.(d)A physical therapy facility must be under the direction of aphysical therapist and meet any other requirements established bythe board.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER F. LICENSE RENEWALSec. 453.251.LICENSE EXPIRATION.(a)A physical therapist orphysical therapist assistant license expires on the secondanniversary of the date the license is issued.(b)The board may adopt a system under which licenses expire onvarious dates during the year. For the term in which the licenseexpiration date is changed, license fees shall be prorated on amonthly basis so that each license holder pays only that portionof the license fee that is allocable to the number of monthsduring which the license is valid. On renewal of the license onthe new expiration date, the total license renewal fee ispayable.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.252.RENEWAL OF LICENSE.(a)A person may renew anunexpired license by paying the required renewal fee to theexecutive council before the expiration date of the license.(b)A person whose license has been expired for 90 days or lessmay renew the license by paying to the executive council therenewal fee and a fee that is equal to half of the amount chargedfor examination for the license. If a person's license has beenexpired for more than 90 days but less than one year, the personmay renew the license by paying to the executive council allunpaid renewal fees and a fee that is equal to the amount chargedfor examination for the license.(c)A person whose license has been expired for one year orlonger may not renew the license. The person may obtain a newlicense by submitting to reexamination and complying with therequirements and procedures for obtaining an original license.(d)At least 30 days before the expiration of a person'slicense, the executive council shall send written notice of theimpending license expiration to the person at the person's lastknown address according to the records of the executive council.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.253.RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATEPRACTITIONER.(a)The board may renew without reexamination thelicense of a person who was licensed to practice as a physicaltherapist or physical therapist assistant in this state, moved toanother state, and is currently licensed and has been in practicein the other state for the two years preceding application.(b)The person must pay to the executive council a fee that isequal to the examination fee for the license.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.254.CONTINUING COMPETENCE.(a)The board by ruleshall:(1)adopt requirements for continuing competence for licenseholders in subjects pertaining to the practice of physicaltherapy;(2)establish a minimum number of continuing competence unitsrequired to renew a license;and(3)develop a process to approve continuing competenceactivities.(b)The board may require license holders to complete continuingcompetence activities specified by the board.The board shalladopt a procedure to assess a license holder's participation andperformance in continuing competence activities.(c)The board may identify the key factors for the competentperformance by a license holder of the license holder'sprofessional duties.(d)In developing a process under Subsection (a) for theapproval of continuing competence activities, the board mayauthorize appropriate organizations to approve the activities.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.210(a), eff.Sept. 1, 2001.Amended by:Acts 2009, 81st Leg., R.S., Ch.1021, Sec. 1, eff. June 19, 2009.SUBCHAPTER G. PRACTICE BY LICENSE HOLDERSec. 453.301.TREATING PATIENT UNDER PRIOR REFERRAL.(a)Aphysical therapist may treat a patient for an injury or conditionthat was the subject of a prior referral if the physicaltherapist:(1)has been licensed to practice physical therapy for at leastone year;(2)notifies the referring practitioner of the therapy not laterthan the fifth business day after the date therapy is begun;(3)begins any episode of treatment before the first anniversaryof the referral by the referring practitioner;(4)for physical therapy episodes subsequent to the episodewhich was initiated by the referral, treats the patient for notmore than 20 treatment sessions or 30 consecutive calendar days,whichever occurs first; and(5)satisfies any other requirement set by the board.(b)The physical therapist must confer with the referringpractitioner before the physical therapist may continue treatmentthat exceeds treatment authorized under Subsection (a)(4).Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.302.TREATING PATIENT WITHOUT REFERRAL.(a)In thissection:(1)"Emergency circumstance" means an instance in whichemergency medical care is necessary.(2)"Emergency medical care" means a bona fide emergency serviceprovided after the sudden onset of a medical conditionmanifesting itself by acute symptoms of sufficient severity,including severe pain, such that the absence of immediate medicalattention could reasonably be expected to result in:(A)serious jeopardy to the patient's health;(B)serious dysfunction of any bodily organ or part; or(C)serious impairment to bodily functions.(b)In an emergency circumstance, including a minor emergency, aphysical therapist may provide emergency medical care to a personto the best of the therapist's ability without a referral from areferring practitioner.(c)A physical therapist may provide physical assessments orinstructions to an asymptomatic person without a referral from areferring practitioner.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.303.PROHIBITED USE OF CERTAIN PROCEDURES.Inpracticing physical therapy, a person may not use:(1)roentgen rays or radium for a diagnostic or therapeuticpurpose; or(2)electricity for a surgical purpose, including cauterization.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.304.PROHIBITED PRACTICE.It is a violation of thischapter for an individual licensed by the board to violateSection 102.001.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.826, eff.Sept. 1, 2001.SUBCHAPTER H. DISCIPLINARY ACTION AND PROCEDURESec. 453.351.GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OFLICENSE HOLDER.(a)The board may deny a license or suspend orrevoke a license, place a license holder on probation, reprimanda license holder, impose an administrative penalty, or otherwisediscipline a license holder if the applicant or license holderhas:(1)except as provided by Section 453.301 or 453.302, providedphysical therapy to a person without a referral from a referringpractitioner;(2)used drugs or intoxicating liquors to an extent that affectsthe license holder's or applicant's professional competence;(3)been convicted of a felony, including a finding or verdictof guilty, an admission of guilt, or a plea of nolo contendere,in this state or in any other state or nation;(4)obtained or attempted to obtain a license by fraud ordeception;(5)been grossly negligent in the practice of physical therapyor in acting as a physical therapist assistant;(6)been found to be mentally incompetent by a court;(7)practiced physical therapy in a manner detrimental to thepublic health and welfare;(8)had a license to practice physical therapy revoked orsuspended or had other disciplinary action taken against thelicense holder or applicant;(9)had the license holder's or applicant's application for alicense refused, revoked, or suspended by the proper licensingauthority of another state or nation; or(10)in the case of a physical therapist assistant, treated aperson other than under the direction of a physical therapist.(b)The board shall revoke or suspend a license, place onprobation a person whose license has been suspended, or reprimanda license holder for a violation of this chapter or a ruleadopted by the board.(c)If a license suspension is probated, the board may requirethe license holder to:(1)report regularly to the board on matters that are the basisof the probation;(2)limit practice to the areas prescribed by the board; or(3)continue or review continuing professional education untilthe license holder attains a degree of skill satisfactory to theboard in those areas that are the basis of the probation.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.352.PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARYACTION; SCHEDULE OF SANCTIONS.(a)A person whose applicationfor a license is denied is entitled to a hearing before the StateOffice of Administrative Hearings if the applicant submits awritten request for a hearing to the board.(b)A proceeding to take action under Section 453.351 or anappeal from the proceeding is a contested case for the purposesof Chapter 2001, Government Code.(c)The State Office of Administrative Hearings shall use theschedule of sanctions adopted by the board by rule for a sanctionimposed as the result of a hearing conducted by the office.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.353.SUBPOENAS.(a)The board may request or compelby subpoena:(1)the attendance of a witness for examination under oath; and(2)the production for inspection or copying of evidencerelevant to an investigation of an alleged violation of thischapter.(b)If a person fails to comply with the subpoena, the board,acting through the attorney general, may file suit to enforce thesubpoena in a district court in Travis County or in the county inwhich a hearing conducted by the board may be held.(c)If the court determines that good cause exists for issuingthe subpoena, the court shall order the person to comply with thesubpoena. The court may punish for contempt a person who fails toobey the court order.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.354.TEMPORARY LICENSE SUSPENSION.(a)The board maytemporarily suspend a license issued under this chapter on anemergency basis if the board, by at least a two-thirds vote,determines from the evidence or information presented to theboard that the continued practice by the license holderconstitutes a continuing or imminent threat to the public healthor welfare.(b)The board may suspend a license under this section withoutnotice or a hearing if, at the time the suspension is ordered, ahearing on whether to institute disciplinary proceedings againstthe license holder is scheduled to be held not later than the14th day after the date of the temporary suspension.(c)The board shall hold a second hearing on the licensesuspension not later than the 60th day after the date thetemporary suspension was ordered. If the second hearing is notheld within the required time, the suspended license isautomatically reinstated.(d)The board shall adopt rules that establish procedures andstandards for the temporary suspension of a license under thissection.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.355.REISSUANCE OF LICENSE; ISSUANCE OF LICENSE AFTERDENIAL.(a)On application by the person, the board may reissuea license to a person whose license has been revoked.(b)An application to reinstate a revoked license:(1)may not be made before the 180th day after the date therevocation order became final; and(2)must be made in the manner and form the board requires.(c)On application by the person, the board may issue a licenseto a person whose license application has been denied. Theapplication may not be made before the first anniversary of thedate of the denial.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.356.INFORMAL PROCEEDINGS.(a)The board by ruleshall adopt procedures governing:(1)informal disposition of a contested case under Section2001.056, Government Code; and(2)informal proceedings held in compliance with Section2001.054, Government Code.(b)A rule adopted under this section must:(1)provide the complainant and the license holder anopportunity to be heard; and(2)require the presence of the board's legal counsel or arepresentative of the attorney general to advise the board or theboard's employees.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER I. ADMINISTRATIVE PENALTYSec. 453.401.IMPOSITION OF PENALTY.The board may impose anadministrative penalty on a person licensed or regulated underthis chapter or a facility registered under this chapter whoviolates this chapter or a rule or order adopted under thischapter.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.402.AMOUNT OF PENALTY.(a)The amount of anadministrative penalty may not exceed $200 for each violation.Each day a violation continues or occurs is a separate violationfor purposes of imposing a penalty.(b)The amount of the penalty shall be based on:(1)the seriousness of the violation, including:(A)the nature, circumstances, extent, and gravity of aprohibited act; and(B)the hazard or potential hazard created to the health,safety, or economic welfare of the public;(2)the history of previous violations;(3)the amount necessary to deter future violations;(4)efforts to correct the violation; and(5)any other matter that justice may require.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.403.ADMINISTRATIVE PROCEDURE.(a)The board shalladopt rules that establish procedures for assessing anadministrative penalty and that provide for notice and a hearingfor a license holder or facility administrator that may besubject to a penalty under this subchapter.(b)A proceeding under this subchapter is subject to Chapter2001, Government Code.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROCEDURESSec. 453.451.INJUNCTIVE RELIEF.The attorney general, adistrict attorney, a county attorney, or any other person mayinstitute a proceeding to enforce this chapter, including a suitto enjoin or restrain a person from practicing physical therapywithout complying with this chapter.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.452.MONITORING OF LICENSE HOLDER.The board by ruleshall develop a system for monitoring a license holder'scompliance with this chapter. The rules must include proceduresfor:(1)monitoring for compliance a license holder who is ordered bythe board to perform a certain act; and(2)identifying and monitoring each license holder whorepresents a risk to the public.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.453.CIVIL PENALTY.(a)A person found by a court tohave violated this chapter is liable to the state for a civilpenalty of $200 for each day the violation continues.(b)A civil penalty may be recovered in a suit brought by theattorney general, a district attorney, a county attorney, or anyother person.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.454.RECOVERY OF COSTS AND FEES.A person other thanthe attorney general, a district attorney, or a county attorneywho brings an action to enforce this chapter or for injunctiverelief may recover the person's court costs and attorney's fees.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Sec. 453.455.CRIMINAL OFFENSE.(a)A person commits anoffense if the person knowingly violates this chapter.(b)An offense under this section is a Class A misdemeanor.(c)Each day of violation constitutes a separate offense.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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  • OCCUPATIONS CODE

    TITLE 3. HEALTH PROFESSIONS

    SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY

    CHAPTER 453. PHYSICAL THERAPISTS

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 453.001. DEFINITIONS. In this chapter:

    (1) "Board" means the Texas Board of Physical Therapy Examiners.

    (2) "Coordinator of physical therapy programs" is the person

    employed in that position under Section 452.101.

    (3) "Executive council" means the Executive Council of Physical

    Therapy and Occupational Therapy Examiners.

    (4) "Physical therapist" means a person who is licensed by the

    board as a physical therapist and practices physical therapy. The

    term includes a hydrotherapist, physiotherapist,

    mechano-therapist, functional therapist, physical therapy

    practitioner, physical therapist specialist, physical therapy

    specialist, physiotherapy practitioner, kinesiotherapist,

    physical rehabilitation specialist, and myofunctional therapist.

    (5) "Physical therapist assistant" means a person licensed by

    the board as a physical therapist assistant:

    (A) who assists and is supervised by a physical therapist in the

    practice of physical therapy; and

    (B) whose activities require an understanding of physical

    therapy.

    (6) "Physical therapy" means a form of health care that

    prevents, identifies, corrects, or alleviates acute or prolonged

    movement dysfunction or pain of anatomic or physiologic origin.

    (7) "Physical therapy aide" or "physical therapy technician"

    means a person:

    (A) who aids in the practice of physical therapy under the

    on-site supervision of a physical therapist or a physical

    therapist assistant; and

    (B) whose activities require on-the-job training.

    (8) "Physical therapy facility" means a physical site, including

    a building, office, or portable facility, where the practice of

    physical therapy takes place.

    (9) "Referring practitioner" means a qualified licensed health

    care professional who, within the scope of professional

    licensure, may refer a person for health care services. The term

    includes:

    (A) a physician licensed to practice medicine by a state board

    of medical examiners;

    (B) a dentist licensed by a state board of dental examiners;

    (C) a chiropractor licensed by a state board of chiropractic

    examiners; and

    (D) a podiatrist licensed by a state board of podiatric medical

    examiners.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of

    Physical Therapy Examiners is subject to Chapter 325, Government

    Code (Texas Sunset Act). Unless continued in existence as

    provided by that chapter, the board is abolished and this chapter

    expires September 1, 2013.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.07, eff. Sept.

    1, 2003.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    928, Sec. 4.06, eff. June 15, 2007.

    Sec. 453.003. CONFLICT WITH OTHER LAW. To the extent of any

    conflict between this chapter and Chapter 452, Chapter 452

    controls.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.004. EFFECT OF CHAPTER; APPLICABILITY. (a) This

    chapter does not restrict the holder of a license issued by

    another state agency from performing health care services within

    the scope of the applicable licensing act if the license holder:

    (1) does not represent to another that the license holder is a

    physical therapist;

    (2) does not violate Sections 453.201(a) and (c) and 453.304;

    and

    (3) practices strictly in conformity with the statutes and rules

    relating to the license holder's license.

    (b) This chapter does not apply to:

    (1) a physical therapy aide;

    (2) a physical therapy student or physical therapist assistant

    student:

    (A) participating in an accredited physical therapy or physical

    therapist assistant educational program; and

    (B) being supervised by a license holder under this chapter;

    (3) a student:

    (A) participating in an accredited allied health science program

    leading to licensure by another state agency; and

    (B) being supervised by properly licensed, certified, or

    registered personnel;

    (4) a physical therapist who is licensed in another jurisdiction

    of the United States 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, and

    the person notifies the board of the person's intent to practice

    in this state; or

    (5) a person who practices physical therapy or as a physical

    therapy assistant and who is:

    (A) practicing physical therapy in the United States armed

    services, United States Public Health Service, or Veterans

    Administration in compliance with federal regulations for

    licensure of health care providers;

    (B) licensed in another jurisdiction of the United States or

    credentialed to practice physical therapy in another country if

    the person:

    (i) is teaching, demonstrating, or practicing physical therapy

    in an educational seminar in this state for not more than 60 days

    in a 12-month period, and the person notifies the board of the

    person's intent to practice in this state; or

    (ii) 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; or

    (C) licensed in another jurisdiction of the United States, if

    the person notifies the board of the person's intent to practice

    in this state, and:

    (i) is practicing physical therapy for not more than 60 days

    during a declared local, state, or national disaster or

    emergency; or

    (ii) 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.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    1188, Sec. 1, eff. June 19, 2009.

    Sec. 453.005. PRACTICE OF PHYSICAL THERAPY. (a) The practice

    of physical therapy requires that a person practicing have

    education, training, and experience in physical therapy.

    (b) The practice of physical therapy includes:

    (1) measurement or testing of the function of the

    musculoskeletal, neurological, pulmonary, or cardiovascular

    system;

    (2) rehabilitative treatment concerned with restoring function

    or preventing disability caused by illness, injury, or birth

    defect;

    (3) treatment, consultative, educational, or advisory services

    to reduce the incidence or severity of disability or pain to

    enable, train, or retrain a person to perform the independent

    skills and activities of daily living; and

    (4) delegation of selective forms of treatment to support

    personnel while a physical therapist retains the responsibility

    for caring for the patient and directing and supervising the

    support personnel.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.006. PRACTICE OF MEDICINE. (a) A person may not

    engage in diagnosing diseases or in practicing medicine as

    defined by law on the basis of a license issued under this

    chapter.

    (b) A person may not use an affix indicating or implying that

    the person is a physician on the basis of a license issued under

    this chapter.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER B. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

    Sec. 453.051. BOARD MEMBERSHIP. (a) The Texas Board of

    Physical Therapy Examiners consists of nine members appointed by

    the governor with the advice and consent of the senate as

    follows:

    (1) six physical therapist members; and

    (2) three members who represent the public.

    (b) Appointments to the board shall be made without regard to

    the race, creed, sex, religion, disability, age, or national

    origin of the appointee.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.052. PURPOSE OF BOARD. The board shall regulate the

    practice of physical therapy in this state to safeguard the

    public health and welfare.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.053. PUBLIC MEMBER ELIGIBILITY. A person is not

    eligible for appointment as a public member of the board if the

    person or the person's spouse:

    (1) is registered, certified, or licensed by an occupational

    regulatory agency in the field of health care;

    (2) is employed by or participates in the management of a

    business entity or other organization regulated by the executive

    council or board or receiving funds from the executive council or

    board;

    (3) owns or controls, directly or indirectly, more than a 10

    percent interest in a business entity or other organization

    regulated by the executive council or board or receiving funds

    from the executive council or board; or

    (4) uses or receives a substantial amount of tangible goods,

    services, or funds from the executive council or board, other

    than compensation or reimbursement authorized by law for

    executive council or board membership, attendance, or expenses.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.054. MEMBERSHIP RESTRICTIONS. (a) In this section,

    "Texas trade association" means a nonprofit, cooperative, and

    voluntarily joined association of business or professional

    competitors in this state designed to assist its members and its

    industry or profession in dealing with mutual business or

    professional problems and in promoting their common interest.

    (b) An officer, employee, or paid consultant of a Texas trade

    association in the field of health care may not be a member of

    the board.

    (c) A person who is the spouse of an officer, manager, or paid

    consultant of a Texas trade association in the field of health

    care may not be a member of the board.

    (d) A person may not serve as a member of the board if the

    person is required to register as a lobbyist under Chapter 305,

    Government Code, because of the person's activities for

    compensation on behalf of a profession related to the operation

    of the board.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.055. TERMS; VACANCY. (a) Members of the board serve

    staggered six-year terms with the terms of two physical therapist

    members and one public member expiring January 31 of each

    odd-numbered year.

    (b) If a vacancy occurs during a member's term, the governor

    shall appoint a replacement to fill the unexpired part of the

    term.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.056. GROUNDS FOR REMOVAL. (a) It is a ground for

    removal from the board that a member:

    (1) does not have at the time of appointment the qualifications

    required by Section 453.051(a);

    (2) does not maintain during service on the board the

    qualifications required by Section 453.051(a);

    (3) violates a prohibition established by Section 453.054;

    (4) cannot, because of illness or disability, discharge the

    member's duties for a substantial part of the member's term; or

    (5) is absent from more than half of the regularly scheduled

    board meetings that the member is eligible to attend during a

    calendar year unless the absence is excused by majority vote of

    the board.

    (b) The validity of an action of the board is not affected by

    the fact that it is taken when a ground for removal of a board

    member exists.

    (c) If the coordinator of physical therapy programs has

    knowledge that a potential ground for removal exists, the

    coordinator shall notify the presiding officer of the board of

    the ground. The presiding officer shall then notify the governor

    that a potential ground for removal exists.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.057. PER DIEM REIMBURSEMENT. (a) A member of the

    board is entitled to a per diem as set by the General

    Appropriations Act for each day the member engages in the

    business of the board.

    (b) A member may receive reimbursement for meals, lodging, and

    transportation expenses as provided by the General Appropriations

    Act.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.058. OFFICERS. After the appointment of members every

    two years, the members of the board shall elect from among its

    members a presiding officer, secretary, and other officers

    required to conduct the business of the board.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.059. MEETINGS. (a) A special meeting of the board:

    (1) may be called jointly by the presiding officer and

    secretary; or

    (2) shall be called on the written request of any two members.

    (b) The secretary shall keep a record of each meeting of the

    board. The record shall be open to public inspection at all

    times.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.060. TRAINING. (a) Before a member of the board may

    assume the member's duties, the member must complete at least a

    course of the training program established by the board under

    this section.

    (b) A training program shall provide information to a

    participant regarding:

    (1) this chapter;

    (2) the programs operated by the board;

    (3) the role and functions of the board;

    (4) the rules of the board, with an emphasis on the rules that

    relate to disciplinary and investigatory authority;

    (5) the current budget for the board;

    (6) the results of the most recent formal audit of the board;

    (7) the requirements of Chapters 551, 552, 2001, and 2002,

    Government Code;

    (8) the requirements of the conflict of interest laws and other

    laws relating to public officials; and

    (9) any applicable ethics policies adopted by the board or the

    Texas Ethics Commission.

    (c) In developing the training requirements provided for by this

    section, the board shall consult with the governor's office, the

    attorney general's office, and the Texas Ethics Commission.

    (d) If another state agency or entity is given the authority to

    establish the training requirements, the board shall allow that

    training instead of developing its own program.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.061. CIVIL LIABILITY. A member of the board is not

    liable in a civil action for an act performed in good faith in

    executing duties as a board member.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER C. POWERS AND DUTIES

    Sec. 453.101. GENERAL POWERS AND DUTIES. Except as provided by

    Chapter 452, the board shall administer and enforce this chapter.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.102. RULES. (a) The board may adopt rules necessary

    to implement this chapter.

    (b) The board may adopt bylaws and rules necessary to govern its

    proceedings.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.103. RULES REGARDING ADVERTISING OR COMPETITIVE

    BIDDING. (a) The board may not adopt rules restricting

    advertising or competitive bidding by a person regulated by the

    board except to prohibit false, misleading, or deceptive

    practices by the person.

    (b) The board may not include in rules to prohibit false,

    misleading, or deceptive practices a rule that:

    (1) restricts the person's use of any medium for advertising;

    (2) restricts the person's personal appearance or use of the

    person's voice in an advertisement;

    (3) relates to the size or duration of an advertisement by the

    person; or

    (4) restricts the person's advertisement under a trade name.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.104. FEES. (a) The board may recommend to the

    executive council reasonable and necessary fees for licenses

    issued or services performed under this chapter that in the

    aggregate produce sufficient revenue to cover the cost of

    administering this chapter.

    (b) The board may not recommend to the executive council a fee

    that existed on September 1, 1993, for an amount less than the

    amount of that fee on that date.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.105. EMPLOYEES; DIVISION OF RESPONSIBILITIES. (a) The

    board may request the executive council to assign administrative

    and clerical employees as necessary to carry out the board's

    functions.

    (b) The board shall develop and implement policies that clearly

    define the respective responsibilities of the board and the staff

    of the executive council.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.106. LIST OF LICENSE HOLDERS. (a) The secretary shall

    maintain a list of the names of each physical therapist licensed

    under this chapter.

    (b) The list shall be open to public inspection at all times.

    (c) On March 1 of each year, the coordinator of physical therapy

    programs shall transmit an official copy of the list to the

    executive council.

    (d) A certified copy of the list of license holders is

    admissible as evidence in a court of this state.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.209(a), eff.

    Sept. 1, 2001.

    Sec. 453.107. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

    by rule shall:

    (1) adopt a form to standardize information concerning

    complaints made to the board; and

    (2) prescribe information to be provided to a person when the

    person files a complaint with the board.

    (b) The board shall provide reasonable assistance to a person

    who wishes to file a complaint.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.108. PROSECUTING VIOLATIONS. The board shall assist

    the proper legal authorities in prosecuting a person who violates

    this chapter.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.109. ANNUAL REPORT. Not later than January 1 of each

    year, the board shall submit to the governor and the presiding

    officer of each house of the legislature a complete and detailed

    written report accounting for all funds received and disbursed by

    the board during the preceding year.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT

    PROCEDURES

    Sec. 453.151. PUBLIC INTEREST INFORMATION. (a) The board shall

    prepare information of public interest describing the functions

    of the board and the procedures by which complaints are filed

    with and resolved by the board.

    (b) The board shall make the information available to the public

    and appropriate state agencies.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.152. COMPLAINTS. A license holder shall at all times

    prominently display in the license holder's place of business a

    sign containing:

    (1) the board's name, mailing address, and telephone number; and

    (2) a statement informing consumers that a complaint against a

    license holder can be directed to the board.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.153. RECORD OF COMPLAINTS. (a) The board shall keep

    an information file about each complaint filed with the executive

    council and referred to the board. The board's information file

    must be kept current and contain a record for each complaint of:

    (1) each person contacted in relation to the complaint;

    (2) a summary of findings made at each step of the complaint

    process;

    (3) an explanation of the legal basis and reason for a complaint

    that is dismissed;

    (4) the schedule required under Section 453.154 and a notation

    about a change in the schedule; and

    (5) other relevant information.

    (b) If a written complaint is received by the board that the

    board has authority to resolve, the board, at least quarterly and

    until final disposition of the complaint, shall notify the

    parties to the complaint of the status of the complaint unless

    notice would jeopardize an undercover investigation.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.154. GENERAL RULES INVOLVING COMPLAINT INVESTIGATION

    AND DISPOSITION. (a) The board shall adopt rules relating to

    the investigation of a complaint received by the board. The rules

    shall:

    (1) distinguish between categories of complaints;

    (2) ensure that complaints are not dismissed without appropriate

    consideration;

    (3) require that the board be advised of a complaint that is

    dismissed and that a letter be sent to the person who filed the

    complaint explaining the action taken on the dismissed complaint;

    (4) ensure that the person who filed the complaint has an

    opportunity to explain the allegations made in the complaint;

    (5) prescribe guidelines concerning the categories of complaints

    that require the use of a private investigator and the procedures

    for the board to obtain the services of a private investigator;

    and

    (6) require the board to advise the executive council of

    complaints that have been disposed of.

    (b) The board shall:

    (1) dispose of each complaint in a timely manner; and

    (2) establish a schedule for conducting each phase of the

    investigation of a complaint that is under the control of the

    board not later than the 30th day after the date the board

    receives the complaint.

    (c) Each party shall be notified of the projected time

    requirements for the complaint.

    (d) Each party to the complaint must be notified of a change in

    the schedule not later than the seventh day after the date the

    change is made.

    (e) The coordinator of physical therapy programs shall notify

    the board of a complaint that is unresolved after the time

    prescribed by the board for resolving the complaint so that the

    board may take necessary action on the complaint.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.155. PUBLIC PARTICIPATION. (a) The board shall

    develop and implement policies that provide the public with a

    reasonable opportunity to appear before the board and to speak on

    any issue under the board's jurisdiction.

    (b) The board shall prepare and maintain a written plan that

    describes how a person who does not speak English can be provided

    reasonable access to the board's programs.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER E. LICENSE REQUIREMENTS; REGISTRATION OF FACILITIES

    Sec. 453.201. LICENSE REQUIRED; USE OF TITLE. (a) A person may

    not practice physical therapy or practice as a physical therapist

    assistant, unless the person is an individual who holds a license

    issued by the board.

    (b) A person, including the person's employee or other agent or

    representative, may not extend or provide physical therapy

    services unless the services are provided by a physical

    therapist.

    (c) A person is considered to be practicing physical therapy if

    the person:

    (1) performs, offers to perform, or attempts to perform physical

    therapy; or

    (2) publicly professes to be or holds the person out to be a

    physical therapist or as providing physical therapy.

    (d) Unless the person is a physical therapist, a person,

    including the person's employee or other agent or representative,

    may not use in connection with the person's name or business

    activity:

    (1) the words "physical therapy," "physical therapist,"

    "physiotherapy," "physiotherapist," "licensed physical

    therapist," "registered physical therapist," or "physical

    therapist assistant";

    (2) the letters "PT," "PhT," "LPT," "RPT," or "PTA"; or

    (3) any other words, letters, abbreviations, or insignia

    indicating or implying, by any means or in any way, that physical

    therapy is provided or supplied.

    (e) A person may not use the title "Physical Therapist" unless

    the person is a physical therapist.

    (f) A person may not use the title "Physical Therapist

    Assistant" unless the person is a physical therapist assistant.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.2095, eff.

    Sept. 1, 2001.

    Sec. 453.202. LICENSE APPLICATION. (a) An applicant for a

    physical therapist license or a physical therapist assistant

    license must submit to the board a written application on a form

    provided by the board.

    (b) The application must be accompanied by:

    (1) an examination fee prescribed by the board; and

    (2) a nonrefundable application fee prescribed by the board.

    (c) The examination fee under Subsection (b)(1) is refundable if

    the applicant does not take the examination.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.203. QUALIFICATIONS FOR PHYSICAL THERAPIST OR PHYSICAL

    THERAPIST ASSISTANT LICENSE. (a) An applicant for a physical

    therapist license must, in addition to other requirements and

    qualifications established by the board, present:

    (1) evidence satisfactory to the board that the applicant has

    completed an accredited physical therapy educational program; or

    (2) official documentation from an educational credentials

    review agency approved by the board certifying that the applicant

    has completed:

    (A) a program equivalent to a Commission on Accreditation of

    Physical Therapy Education accredited program; and

    (B) at least 60 academic semester credits or the equivalent from

    an accredited institution of higher education.

    (b) An applicant for a physical therapist assistant license

    must, in addition to other requirements and qualifications

    established by the board, present evidence satisfactory to the

    board that the applicant has completed an accredited physical

    therapist assistant program or an accredited physical therapy

    educational program, including courses in the anatomical,

    biological, and physical sciences, and clinical procedures

    prescribed and approved by the board.

    (c) A physical therapy educational program or physical therapist

    assistant program is an accredited program if the program is:

    (1) accredited by the Commission on Accreditation in Physical

    Therapy Education; and

    (2) associated with an institution of higher education.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.204. FOREIGN-TRAINED APPLICANTS. (a) To obtain a

    license under this chapter, an applicant who is foreign-trained

    must satisfy the examination requirements of Section 453.208.

    (b) Before allowing a foreign-trained applicant to take the

    examination, the board shall require the applicant to furnish

    proof of:

    (1) good moral character; and

    (2) completion of requirements substantially equal to those

    under Section 453.203.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.205. LICENSE EXAMINATION. (a) The board shall examine

    applicants for licenses at least once each year at a reasonable

    place and time designated by the board.

    (b) The examination must cover the subjects generally taught by

    an accredited physical therapy educational program or an

    accredited physical therapist assistant program and may include

    clinical decision-making and evaluation, treatment program

    planning and implementation, and administration, education,

    consultation, and research in physical therapy.

    (c) The board by rule may establish a procedure for

    administering the examination, including the conditions under

    which and the number of times an applicant may retake an

    examination.

    (d) The board shall have any written portion of the examination

    validated by an independent testing entity.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.206. EXAMINATION RESULTS. (a) The board shall notify

    each examinee of the results of the examination not later than

    the 30th day after the day on which the examination is

    administered. If an examination is graded or reviewed by a

    national testing service, the board shall notify each examinee of

    the results of the examination not later than the 14th day after

    the day on which the board receives the results from the testing

    service.

    (b) If the notice of the examination results graded or reviewed

    by a national testing service will be delayed for longer than 90

    days after the examination date, the board shall notify each

    examinee of the reason for the delay before the 90th day.

    (c) If requested in writing by a person who fails a licensing

    examination, the board shall furnish the person with an analysis

    of the person's performance on the examination.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.207. REEXAMINATION. (a) An applicant who fails to

    pass a one-part examination or a part of a divided examination

    may take another one-part examination or the part of the divided

    examination that the applicant failed on payment of an additional

    examination fee.

    (b) If an applicant fails to pass a second or subsequent

    examination, the board shall require the applicant to complete an

    additional course of study designated by the board. Before taking

    a subsequent examination, the applicant must:

    (1) present to the board satisfactory evidence that the

    applicant has completed the required course of study; and

    (2) pay an additional fee equal to the amount of the fee

    required for filing the original application.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.208. ISSUANCE OF LICENSE. (a) The board shall issue a

    license to an applicant who:

    (1) passes the examination under Section 453.205;

    (2) meets the qualifications prescribed by Section 453.203; and

    (3) has not committed an act that constitutes a ground for

    denial of a license under Section 453.351.

    (b) The board may issue a physical therapist assistant license

    to a person who has not completed an accredited physical

    therapist assistant program if the person:

    (1) meets the requirements under Section 453.203(a); and

    (2) has not been the subject of disciplinary action in another

    state or nation.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.209. PROVISIONAL LICENSE. (a) The board may issue a

    provisional license to an applicant licensed in another state

    that maintains professional standards considered by the board to

    be equivalent to and has licensing requirements that are

    substantially equivalent to the requirements under this chapter.

    An applicant for a provisional license under this section must:

    (1) present proof to the board that the applicant is licensed in

    good standing as a physical therapist or physical therapist

    assistant in that state;

    (2) have passed a national examination or other examination

    recognized by the board relating to the practice of physical

    therapy; and

    (3) be sponsored by a person licensed under this chapter with

    whom the provisional license holder may practice.

    (b) The board may waive the requirement of Subsection (a)(3) for

    an applicant if the board determines that compliance with that

    requirement constitutes a hardship to the applicant.

    (c) A provisional license is valid until the date the board

    approves or denies the provisional license holder's application

    for a physical therapist or physical therapist assistant license.

    (d) The board shall issue a physical therapist or physical

    therapist assistant license to the provisional license holder if:

    (1) the provisional license holder passes a jurisprudence

    examination, if required;

    (2) the board verifies that the provisional license holder has

    the academic and experience requirements for a physical therapist

    or physical therapist assistant license; and

    (3) the provisional license holder satisfies any other

    requirements for a physical therapist or physical therapist

    assistant license.

    (e) The board must complete the processing of a provisional

    license holder's application for a license not later than the

    180th day after the date the provisional license is issued. The

    board may extend that deadline if the results on an examination

    have not been received by the board.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.210. TEMPORARY LICENSE. (a) The board by rule may

    provide for the issuance of a temporary license.

    (b) The holder of a temporary license must practice under the

    supervision of a physical therapist.

    (c) A rule adopted under this section must include a time limit

    for a person to hold a temporary license.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.211. INACTIVE STATUS. (a) The board by rule may

    provide for a license holder to place the holder's license under

    this chapter on inactive status.

    (b) A rule adopted under this section must include a time limit

    for a license holder's license to remain on inactive status.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.212. DISPLAY OF LICENSE AND RENEWAL CERTIFICATE. A

    license holder under this chapter shall display the license

    holder's license and renewal certificate in a conspicuous place

    in the principal office in which the license holder practices

    physical therapy.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.213. PHYSICAL THERAPY FACILITY REGISTRATION. (a) The

    board by rule shall adopt requirements for the registration and

    renewal of a registration of a physical therapy facility. A

    facility licensed under Subtitle B, Title 4, Health and Safety

    Code, is exempt from the registration requirements under this

    section.

    (b) If a person owns more than one physical therapy facility,

    the board may require the person to make only one application for

    the registration of all facilities.

    (c) In accordance with Section 453.004, a rule adopted under

    this section may not prohibit a license holder from practicing in

    a physical therapy facility within the scope of the license

    holder's license.

    (d) A physical therapy facility must be under the direction of a

    physical therapist and meet any other requirements established by

    the board.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER F. LICENSE RENEWAL

    Sec. 453.251. LICENSE EXPIRATION. (a) A physical therapist or

    physical therapist assistant license expires on the second

    anniversary of the date the license is issued.

    (b) The board may adopt a system under which licenses expire on

    various dates during the year. For the term in which the license

    expiration date is changed, license fees shall be prorated on a

    monthly basis so that each license holder pays only that portion

    of the license fee that is allocable to the number of months

    during which the license is valid. On renewal of the license on

    the new expiration date, the total license renewal fee is

    payable.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.252. RENEWAL OF LICENSE. (a) A person may renew an

    unexpired license by paying the required renewal fee to the

    executive council before the expiration date of the license.

    (b) A person whose license has been expired for 90 days or less

    may renew the license by paying to the executive council the

    renewal fee and a fee that is equal to half of the amount charged

    for examination for the license. If a person's license has been

    expired for more than 90 days but less than one year, the person

    may renew the license by paying to the executive council all

    unpaid renewal fees and a fee that is equal to the amount charged

    for examination for the license.

    (c) A person whose license has been expired for one year or

    longer may not renew the license. The person may obtain a new

    license by submitting to reexamination and complying with the

    requirements and procedures for obtaining an original license.

    (d) At least 30 days before the expiration of a person's

    license, the executive council shall send written notice of the

    impending license expiration to the person at the person's last

    known address according to the records of the executive council.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

    PRACTITIONER. (a) The board may renew without reexamination the

    license of a person who was licensed to practice as a physical

    therapist or physical therapist assistant in this state, moved to

    another state, and is currently licensed and has been in practice

    in the other state for the two years preceding application.

    (b) The person must pay to the executive council a fee that is

    equal to the examination fee for the license.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.254. CONTINUING COMPETENCE. (a) The board by rule

    shall:

    (1) adopt requirements for continuing competence for license

    holders in subjects pertaining to the practice of physical

    therapy;

    (2) establish a minimum number of continuing competence units

    required to renew a license; and

    (3) develop a process to approve continuing competence

    activities.

    (b) The board may require license holders to complete continuing

    competence activities specified by the board. The board shall

    adopt a procedure to assess a license holder's participation and

    performance in continuing competence activities.

    (c) The board may identify the key factors for the competent

    performance by a license holder of the license holder's

    professional duties.

    (d) In developing a process under Subsection (a) for the

    approval of continuing competence activities, the board may

    authorize appropriate organizations to approve the activities.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.210(a), eff.

    Sept. 1, 2001.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    1021, Sec. 1, eff. June 19, 2009.

    SUBCHAPTER G. PRACTICE BY LICENSE HOLDER

    Sec. 453.301. TREATING PATIENT UNDER PRIOR REFERRAL. (a) A

    physical therapist may treat a patient for an injury or condition

    that was the subject of a prior referral if the physical

    therapist:

    (1) has been licensed to practice physical therapy for at least

    one year;

    (2) notifies the referring practitioner of the therapy not later

    than the fifth business day after the date therapy is begun;

    (3) begins any episode of treatment before the first anniversary

    of the referral by the referring practitioner;

    (4) for physical therapy episodes subsequent to the episode

    which was initiated by the referral, treats the patient for not

    more than 20 treatment sessions or 30 consecutive calendar days,

    whichever occurs first; and

    (5) satisfies any other requirement set by the board.

    (b) The physical therapist must confer with the referring

    practitioner before the physical therapist may continue treatment

    that exceeds treatment authorized under Subsection (a)(4).

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.302. TREATING PATIENT WITHOUT REFERRAL. (a) In this

    section:

    (1) "Emergency circumstance" means an instance in which

    emergency medical care is necessary.

    (2) "Emergency medical care" means a bona fide emergency service

    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:

    (A) serious jeopardy to the patient's health;

    (B) serious dysfunction of any bodily organ or part; or

    (C) serious impairment to bodily functions.

    (b) In an emergency circumstance, including a minor emergency, a

    physical therapist may provide emergency medical care to a person

    to the best of the therapist's ability without a referral from a

    referring practitioner.

    (c) A physical therapist may provide physical assessments or

    instructions to an asymptomatic person without a referral from a

    referring practitioner.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.303. PROHIBITED USE OF CERTAIN PROCEDURES. In

    practicing physical therapy, a person may not use:

    (1) roentgen rays or radium for a diagnostic or therapeutic

    purpose; or

    (2) electricity for a surgical purpose, including cauterization.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this

    chapter for an individual licensed by the board to violate

    Section 102.001.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.826, eff.

    Sept. 1, 2001.

    SUBCHAPTER H. DISCIPLINARY ACTION AND PROCEDURE

    Sec. 453.351. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF

    LICENSE HOLDER. (a) The board may deny a license or suspend or

    revoke a license, place a license holder on probation, reprimand

    a license holder, impose an administrative penalty, or otherwise

    discipline a license holder if the applicant or license holder

    has:

    (1) except as provided by Section 453.301 or 453.302, provided

    physical therapy to a person without a referral from a referring

    practitioner;

    (2) used drugs or intoxicating liquors to an extent that affects

    the license holder's or applicant's professional competence;

    (3) been convicted of a felony, including a finding or verdict

    of guilty, an admission of guilt, or a plea of nolo contendere,

    in this state or in any other state or nation;

    (4) obtained or attempted to obtain a license by fraud or

    deception;

    (5) been grossly negligent in the practice of physical therapy

    or in acting as a physical therapist assistant;

    (6) been found to be mentally incompetent by a court;

    (7) practiced physical therapy in a manner detrimental to the

    public health and welfare;

    (8) had a license to practice physical therapy revoked or

    suspended or had other disciplinary action taken against the

    license holder or applicant;

    (9) had the license holder's or applicant's application for a

    license refused, revoked, or suspended by the proper licensing

    authority of another state or nation; or

    (10) in the case of a physical therapist assistant, treated a

    person other than under the direction of a physical therapist.

    (b) The board shall revoke or suspend a license, place on

    probation a person whose license has been suspended, or reprimand

    a license holder for a violation of this chapter or a rule

    adopted by the board.

    (c) If a license suspension is probated, the board may require

    the license holder to:

    (1) report regularly to the board on matters that are the basis

    of the probation;

    (2) limit practice to the areas prescribed by the board; or

    (3) continue or review continuing professional education until

    the license holder attains a degree of skill satisfactory to the

    board in those areas that are the basis of the probation.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.352. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY

    ACTION; SCHEDULE OF SANCTIONS. (a) A person whose application

    for a license is denied is entitled to a hearing before the State

    Office of Administrative Hearings if the applicant submits a

    written request for a hearing to the board.

    (b) A proceeding to take action under Section 453.351 or an

    appeal from the proceeding is a contested case for the purposes

    of Chapter 2001, Government Code.

    (c) The State Office of Administrative Hearings shall use the

    schedule of sanctions adopted by the board by rule for a sanction

    imposed as the result of a hearing conducted by the office.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.353. SUBPOENAS. (a) The board may request or compel

    by subpoena:

    (1) the attendance of a witness for examination under oath; and

    (2) the production for inspection or copying of evidence

    relevant to an investigation of an alleged violation of this

    chapter.

    (b) If a person fails to comply with the subpoena, the board,

    acting through the attorney general, may file suit to enforce the

    subpoena in a district court in Travis County or in the county in

    which a hearing conducted by the board may be held.

    (c) If the court determines that good cause exists for issuing

    the subpoena, the court shall order the person to comply with the

    subpoena. The court may punish for contempt a person who fails to

    obey the court order.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.354. TEMPORARY LICENSE SUSPENSION. (a) The board may

    temporarily suspend a license issued under this chapter on an

    emergency basis if the board, by at least a two-thirds vote,

    determines from the evidence or information presented to the

    board that the continued practice by the license holder

    constitutes a continuing or imminent threat to the public health

    or welfare.

    (b) The board may suspend a license under this section without

    notice or a hearing if, at the time the suspension is ordered, a

    hearing on whether to institute disciplinary proceedings against

    the license holder is scheduled to be held not later than the

    14th day after the date of the temporary suspension.

    (c) The board shall hold a second hearing on the license

    suspension not later than the 60th day after the date the

    temporary suspension was ordered. If the second hearing is not

    held within the required time, the suspended license is

    automatically reinstated.

    (d) The board shall adopt rules that establish procedures and

    standards for the temporary suspension of a license under this

    section.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.355. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE AFTER

    DENIAL. (a) On application by the person, the board may reissue

    a license to a person whose license has been revoked.

    (b) An application to reinstate a revoked license:

    (1) may not be made before the 180th day after the date the

    revocation order became final; and

    (2) must be made in the manner and form the board requires.

    (c) On application by the person, the board may issue a license

    to a person whose license application has been denied. The

    application may not be made before the first anniversary of the

    date of the denial.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.356. INFORMAL PROCEEDINGS. (a) The board by rule

    shall adopt procedures governing:

    (1) informal disposition of a contested case under Section

    2001.056, Government Code; and

    (2) informal proceedings held in compliance with Section

    2001.054, Government Code.

    (b) A rule adopted under this section must:

    (1) provide the complainant and the license holder an

    opportunity to be heard; and

    (2) require the presence of the board's legal counsel or a

    representative of the attorney general to advise the board or the

    board's employees.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER I. ADMINISTRATIVE PENALTY

    Sec. 453.401. IMPOSITION OF PENALTY. The board may impose an

    administrative penalty on a person licensed or regulated under

    this chapter or a facility registered under this chapter who

    violates this chapter or a rule or order adopted under this

    chapter.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.402. AMOUNT OF PENALTY. (a) The amount of an

    administrative penalty may not exceed $200 for each violation.

    Each day a violation continues or occurs is a separate violation

    for purposes of imposing a penalty.

    (b) The amount of the penalty shall be based on:

    (1) the seriousness of the violation, including:

    (A) the nature, circumstances, extent, and gravity of a

    prohibited act; and

    (B) the hazard or potential hazard created to the health,

    safety, or economic welfare of the public;

    (2) the history of previous violations;

    (3) the amount necessary to deter future violations;

    (4) efforts to correct the violation; and

    (5) any other matter that justice may require.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.403. ADMINISTRATIVE PROCEDURE. (a) The board shall

    adopt rules that establish procedures for assessing an

    administrative penalty and that provide for notice and a hearing

    for a license holder or facility administrator that may be

    subject to a penalty under this subchapter.

    (b) A proceeding under this subchapter is subject to Chapter

    2001, Government Code.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROCEDURES

    Sec. 453.451. INJUNCTIVE RELIEF. The attorney general, a

    district attorney, a county attorney, or any other person may

    institute a proceeding to enforce this chapter, including a suit

    to enjoin or restrain a person from practicing physical therapy

    without complying with this chapter.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.452. MONITORING OF LICENSE HOLDER. The board by rule

    shall develop a system for monitoring a license holder's

    compliance with this chapter. The rules must include procedures

    for:

    (1) monitoring for compliance a license holder who is ordered by

    the board to perform a certain act; and

    (2) identifying and monitoring each license holder who

    represents a risk to the public.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.453. CIVIL PENALTY. (a) A person found by a court to

    have violated this chapter is liable to the state for a civil

    penalty of $200 for each day the violation continues.

    (b) A civil penalty may be recovered in a suit brought by the

    attorney general, a district attorney, a county attorney, or any

    other person.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.454. RECOVERY OF COSTS AND FEES. A person other than

    the attorney general, a district attorney, or a county attorney

    who brings an action to enforce this chapter or for injunctive

    relief may recover the person's court costs and attorney's fees.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

    Sec. 453.455. CRIMINAL OFFENSE. (a) A person commits an

    offense if the person knowingly violates this chapter.

    (b) An offense under this section is a Class A misdemeanor.

    (c) Each day of violation constitutes a separate offense.

    Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

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