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Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-453-physical-therapists

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.