By Carter H.B. No. 2426
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of physical therapy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4512e, Revised Statutes, is amended to
1-5 read as follows:
1-6 Article 4512e. Board of Physical Therapy Technician
1-7 Examiners
1-8 Sec. 1. In this Act:
1-9 (1) "Physical therapy" means a form of health care
1-10 that prevents, identifies, corrects, and alleviates acute or
1-11 prolonged movement dysfunction or pain of anatomic or physiologic
1-12 origin. Physical therapy includes the testing and measurement of
1-13 the function of the musculoskeletal, neurological, pulmonary, and
1-14 cardiovascular systems and rehabilitative treatment concerned with
1-15 the restoration of function and prevention of disability caused by
1-16 illness, injury, or birth defect. Physical therapy includes
1-17 treatment, consultative, educational, and advisory services for the
1-18 purpose of reducing the incidence and severity of disability and
1-19 pain to enable, train, or retrain an individual to perform the
1-20 independent skills and activities of daily living. Physical
1-21 therapy also includes the delegation of selective forms of
1-22 treatment to supportive personnel with retention by a physical
1-23 therapy technician <therapist> of the responsibilities for the care
2-1 of the patient and continuing direction and supervision of the
2-2 supportive personnel. The use of manipulation, use of roentgen
2-3 rays and radium for diagnostic and therapeutic purposes, and the
2-4 use of electricity for surgical purposes, including cauterization,
2-5 are not authorized under the term "physical therapy" as used
2-6 herein, and a license issued hereunder shall not authorize the
2-7 diagnosis of diseases or the practice of medicine as defined by
2-8 law.
2-9 (2) "Physical therapy technician" <therapist> means a
2-10 person who practices physical therapy and is licensed by the Texas
2-11 Board of Physical Therapy Examiners. <"Hydrotherapist,"
2-12 "physiotherapist," "mechano-therapist," "functional therapist,"
2-13 "physical therapy practitioner,"> "Physical <physical> therapy
2-14 technician <therapist> specialist," <"physical therapy specialist,"
2-15 "physiotherapy practitioner," "kinesiotherapist,"> "physical
2-16 rehabilitation specialist," and "myofunctional therapist" are
2-17 equivalent terms; any derivation of the above terms or any
2-18 reference to any one of them in this Act includes the others.
2-19 (3) "Physical therapy technician <therapist>
2-20 assistant" means a person licensed by the Texas Board of Physical
2-21 Therapy Examiners who assists and is supervised by a licensed
2-22 physical therapy technician <therapist> in the practice of physical
2-23 therapy and whose activities require an understanding of physical
2-24 therapy.
2-25 (4) "Physical therapy technician aide" <or "physical
3-1 therapy technician"> means a person who aids in the practice of
3-2 physical therapy under the on-site supervision of a physical
3-3 therapy technician <therapist or a physical therapist assistant>
3-4 and whose activities require on-the-job training.
3-5 (5) "Board" means the Texas Board of Physical Therapy
3-6 Technician Examiners.
3-7 (6) "Discipline" means the revocation or suspension of
3-8 a license, the placing on probation of a licensee, the reprimand of
3-9 a licensee, the levying of fines, or other actions imposed on the
3-10 licensee or other person for a violation of this Act and rules
3-11 adopted by the board.
3-12 (7) "Practice of physical therapy" means:
3-13 (A) performing, offering to perform, or
3-14 attempting to perform health care that prevents, identifies,
3-15 corrects, and alleviates acute or prolonged movement dysfunction or
3-16 pain of anatomic or physiologic origin, the proper application of
3-17 which requires education, training, and experience in physical
3-18 therapy; or
3-19 (B) publicly professing to be or holding oneself
3-20 out to be a physical therapy technician <therapist> or as providing
3-21 physical therapy.
3-22 (8) "Physical therapy facility" is a physical site,
3-23 such as a building, office, or protable facility, where the
3-24 practice of physical therapy takes place. A physical therapy
3-25 facility must be under the direction of a physical therapy
4-1 technician <therapist> licensed by the board and meet any
4-2 additional requirements as may be established by the board.
4-3 (9) "Accredited program" means a physical therapy
4-4 educational program that is currently accredited by the Commission
4-5 on Accreditation in Physical Therapy Education and is associated
4-6 with an institution of higher education.
4-7 (10) "Person" means an individual, a partnership, an
4-8 association of individuals, or a corporation.
4-9 Sec. 2. (a) There is created a Texas Board of Physical
4-10 Therapy Technician Examiners. The board's purpose is to regulate
4-11 the practice of physical therapy in this state to safeguard the
4-12 health and welfare of the public. The board shall consist of nine
4-13 members appointed by the governor with the advice and consent of
4-14 the senate for staggered terms of six years. Six members must be
4-15 licensed physical therapy technicians <therapists> and three
4-16 members must be members of the general public. Two of the physical
4-17 therapy technicians <therapists> members' terms and one of the
4-18 public members' terms end on January 31 of each odd-numbered year.
4-19 (b) A vacancy on the board shall be filled by appointment by
4-20 the governor with the advice and consent of the senate for the
4-21 remainder of the term.
4-22 (c) Appointments to the board shall be made without regard
4-23 to the race, creed, sex, religion, disability, age, or national
4-24 origin of the appointees.
4-25 (d) A member of the board is not liable to civil action for
5-1 any act performed in good faith in the execution of the member's
5-2 duties in this capacity.
5-3 Sec. 2A. A member of the board is entitled to a per diem as
5-4 set by the General Appropriations Act for each day that the member
5-5 engages in the business of the board. A member may not receive any
5-6 reimbursement for travel expenses, including expenses for meals and
5-7 lodging, other than transportation expenses as provided by the
5-8 General Appropriations Act.
5-9 Sec. 2B. A person is not eligible for appointment as a
5-10 public member of the board if the person or the person's spouse:
5-11 (1) is registered, certified, or licensed by an
5-12 occupational regulatory agency in the field of health care;
5-13 (2) is employed by or participates in the management
5-14 of a business entity or other organization regulated by the
5-15 executive council or the board or receiving funds from the
5-16 executive council or the board;
5-17 (3) owns or controls, directly or indirectly, more
5-18 than a 10 percent interest in a business entity or other
5-19 organization regulated by the executive council or the board or
5-20 receiving funds from the executive council or the board; or
5-21 (4) uses or receives a substantial amount of tangible
5-22 goods, services, or funds from the executive council or the board,
5-23 other than compensation or reimbursement authorized by law for
5-24 executive council or board membership, attendance, or expenses.
5-25 Sec. 2C. (a) An officer, employee, or paid consultant of a
6-1 Texas trade association in the field of health care may not be a
6-2 board member.
6-3 (b) A person who is the spouse of an officer, manager,
6-4 or paid consultant of a Texas trade association in the field of
6-5 health care may not be a board member.
6-6 (c) For the purposes of this section, a Texas trade
6-7 association is a nonprofit, cooperative, and voluntarily joined
6-8 association of business or professional competitors in this state
6-9 designed to assist its members and its industry or profession in
6-10 dealing with mutual business or professional problems and in
6-11 promoting their common interest.
6-12 Sec. 2D. A person may not serve as a board member if the
6-13 person is required to register as a lobbyist under Chapter 305,
6-14 Government Code, and its subsequent amendments, because of the
6-15 person's activities for compensation on behalf of a profession
6-16 related to the operation of the board.
6-17 Sec. 2E. (a) It is a ground for removal from the board if a
6-18 member:
6-19 (1) does not have at the time of appointment the
6-20 qualifications required by Section 2(a) of this Act;
6-21 (2) does not maintain during service on the board the
6-22 qualifications required by Section 2(a) of this Act;
6-23 (3) violates a prohibition established by Section 2C
6-24 or 2D of this Act;
6-25 (4) cannot discharge the member's duties for a
7-1 substantial part of the term for which the member is appointed
7-2 because of illness or disability; or
7-3 (5) is absent from more than half of the regularly
7-4 scheduled board meetings that the member is eligible to attend
7-5 during a calendar year unless the absence is excused by majority
7-6 vote of the board.
7-7 (b) The validity of an action of the board is not affected
7-8 by the fact that it is taken when a ground for removal of a board
7-9 member exists.
7-10 (c) If the coordinator of physical therapy programs has
7-11 knowledge that a potential ground for removal exists, the
7-12 coordinator shall notify the presiding officer of the board of the
7-13 ground. The presiding officer shall then notify the governor that
7-14 a potential ground for removal exists.
7-15 Sec. 2F. (a) The board may request the executive council to
7-16 assign administrative and clerical employees as necessary to carry
7-17 out the board's functions.
7-18 (b) The board shall develop and implement policies that
7-19 clearly define the respective responsibilities of the board and the
7-20 staff of the executive council.
7-21 Sec. 2G. Except as provided by other statutes, the board
7-22 shall administer and enforce this Act.
7-23 Sec. 2H. The board shall prepare information of public
7-24 interest describing the functions of the board and the board's
7-25 procedures by which complaints are filed with and resolved by the
8-1 board. The board shall make the information available to the
8-2 public and appropriate state agencies.
8-3 Sec. 2I. The board shall develop and implement policies that
8-4 provide the public with a reasonable opportunity to appear before
8-5 the board and to speak on any issue under the jurisdiction of the
8-6 board.
8-7 Sec. 2J. The board shall prepare and maintain a written plan
8-8 that describes how a person who does not speak English can be
8-9 provided reasonable access to the board's programs. The board
8-10 shall also comply with federal and state laws for program and
8-11 facility accessibility.
8-12 Sec. 2K. (a) The board shall establish a training program
8-13 for the members of the board.
8-14 (b) Before a member of the board may assume the member's
8-15 duties, the member must complete at least one course of the
8-16 training program established under this section.
8-17 (c) A training program established under this section shall
8-18 provide information to a participant regarding:
8-19 (1) the enabling legislation that created the board to
8-20 which the member is appointed;
8-21 (2) the programs operated by the agency;
8-22 (3) the role and functions of the agency;
8-23 (4) the rules of the agency with an emphasis on the
8-24 rules that relate to disciplinary and investigatory authority;
8-25 (5) the current budget for the agency;
9-1 (6) the results of the most recent formal audit of the
9-2 agency;
9-3 (7) the requirements of the:
9-4 (A) open meetings law, Chapter 271, Acts of the
9-5 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
9-6 Texas Civil Statutes), and its subsequent amendments;
9-7 (B) open records law, Chapter 424, Acts of the
9-8 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
9-9 Texas Civil Statutes), and its subsequent amendments; and
9-10 (C) Administrative Procedure and Texas Register
9-11 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
9-12 subsequent amendments;
9-13 (8) the requirements of the conflict of interest laws
9-14 and other laws relating to public officials; and
9-15 (9) any applicable ethics policies adopted by that
9-16 state agency or the Texas Ethics Commission.
9-17 (d) In developing the training requirements provided for in
9-18 this section, the board shall consult with the governor's office,
9-19 the attorney general's office, and the Texas Ethics Commission.
9-20 (e) In the event that another state agency or entity is
9-21 given the authority to establish the training requirements, the
9-22 board shall allow that training in lieu of developing its own
9-23 program.
9-24 Sec. 2L. The board is subject to:
9-25 (1) the open meetings law, Chapter 271, Acts of the
10-1 60th Legislature, Regular Session, 1966 (Article 6252-17, Vernon's
10-2 Texas Civil Statutes), and its subsequent amendments; and
10-3 (2) the Administrative Procedure and Texas Register
10-4 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
10-5 subsequent amendments.
10-6 Sec. 2M. The Texas Board of Physical Therapy Technician
10-7 Examiners is subject to Chapter 325, Government Code (Texas Sunset
10-8 Act), and its subsequent amendments. Unless continued in existence
10-9 as provided by that chapter, the board is abolished and this Act
10-10 expires September 1, 2005.
10-11 Sec. 3. (a) The board shall examine applicants for licenses
10-12 at least once each year at such reasonable places and times as
10-13 shall be designated by the board in its discretion.
10-14 (b) The examination shall cover those subjects generally
10-15 taught by accredited programs and may include the content areas of
10-16 clinical decision-making and evaluation, treatment program planning
10-17 and implementation, administration, education, consultation, and
10-18 research in physical therapy.
10-19 (c) Not later than the 30th day after the date a licensing
10-20 examination is administered under this Act, the board shall notify
10-21 each examinee of the results of the examination. However, if an
10-22 examination is graded or reviewed by a national testing service,
10-23 the board shall notify each examinee of the results of the
10-24 examination not later than the 14th day after the date the board
10-25 receives the results from the testing service. If the notice of
11-1 the examination results graded or reviewed by a national testing
11-2 service will be delayed for more than 90 days after the examination
11-3 date, the board shall notify each examinee of the reason for the
11-4 delay before the 90th day.
11-5 (d) The board by rule may establish procedures for the
11-6 administration of the examination, including the conditions under
11-7 which and the number of times an applicant may retake an
11-8 examination.
11-9 (e) The board shall have the written portion of the
11-10 examination, if any, validated by an independent testing entity.
11-11 (f) If requested in writing by a person who fails a
11-12 licensing examination administered under this Act, the board shall
11-13 furnish the person with an analysis of the person's performance on
11-14 the examination.
11-15 (g) to (l) Deleted by Acts 1993, 73rd Leg., ch. 352, Sec.
11-16 2.03, eff. Sept. 1, 1993.
11-17 (m) The board may request and, if necessary, compel by
11-18 subpoena the attendance of witnesses for examination under oath and
11-19 the production for inspection and copying of books, accounts,
11-20 records, papers, correspondence, documents, and other evidence
11-21 relevant to the investigation of alleged violations of this Act.
11-22 If a person fails to comply with a subpoena issued under this
11-23 subsection, the board, acting through the attorney general, may
11-24 file suit to enforce the subpoena in a district court in Travis
11-25 County or in the county in which a hearing conducted by the board
12-1 may be held. The court, if it determines that good cause exists
12-2 for the issuance of the subpoena, shall order compliance with the
12-3 requirements of the subpoena. Failure to obey the order of the
12-4 court may be punished by the court as contempt.
12-5 Sec. 4. (a) The members of the board shall, on appointment,
12-6 elect from their number a presiding officer, secretary, and other
12-7 officers required for the conduct of business. Special meetings of
12-8 the board shall be called by the presiding officer and secretary,
12-9 acting jointly, or on the written request of any two members. The
12-10 board may adopt bylaws and rules necessary to govern its
12-11 proceedings and to implement the purposes of this Act.
12-12 (b) The secretary shall keep a record of each meeting of the
12-13 board and maintain a register containing the names of all physical
12-14 therapy technicians <therapists> licensed under this Act, which
12-15 shall be at all times open to public inspection. On March 1 of
12-16 each year, the coordinator of physical therapy programs shall
12-17 transmit an official copy of the list of the licensees to the
12-18 executive council and the secretary of state for permanent record,
12-19 a certified copy of which shall be admissible as evidence in any
12-20 court of this state.
12-21 (c) The board shall assist the proper legal authorities in
12-22 the prosecution of all persons violating any provisions of this
12-23 Act.
12-24 Sec. 6. (a) This Act does not restrict a licensee of
12-25 another state agency from performing health-care services within
13-1 the scope of the applicable licensing act if:
13-2 (1) the licensee does not represent to others that the
13-3 licensee is a physical therapy technician <therapist> and does not
13-4 use the term "physical therapy," "physical therapy technician,"
13-5 <therapist> "physiotherapy," "physiotherapist," "licensed physical
13-6 therapy technician," <therapist> "registered physical therapy
13-7 technician," <therapist> or assistant thereto, or the letters
13-8 "PTT," "PhT," "LPTT" or "RPTT" or any derivative of those terms in
13-9 connection with the licensee's name or practice; and
13-10 (2) the licensee practices strictly in conformity with
13-11 applicable laws and regulations relating to the licensure and
13-12 observes all prohibitions of Section 7 of this Act.
13-13 (b) This Act does not apply to:
13-14 (1) a physical therapy technician aide;
13-15 (2) a physical therapy technician student or physical
13-16 therapy technician <therapist> assistant student participating in
13-17 an accredited physical therapy or physical therapy technician
13-18 <therapist> assistant educational program if the student is under
13-19 the supervision of a licensee under this Act; or a student
13-20 participating in an accredited allied health science program
13-21 leading to licensure by another state agency if the student is
13-22 under the supervision of properly licensed, certified, or
13-23 registered personnel;
13-24 (3) a physical therapy technician <therapist> doing
13-25 special projects in patient care while working toward an advanced
14-1 degree from an accredited college or university; or
14-2 (4) a physical therapy technician <therapist> who does
14-3 not live in this state and is licensed by the appropriate
14-4 authorities who comes into this state to attend educational
14-5 activities. The duration of this exemption shall be no more than
14-6 six months.
14-7 Sec. 7. (a) A person may not practice physical therapy,
14-8 offer to practice physical therapy, or in any way hold the person
14-9 out as being able to practice physical therapy, including practice
14-10 as a physical therapy technician <therapist> or physical therapy
14-11 technician <therapist> assistant, unless the individual holds a
14-12 valid license issued by the board under this Act.
14-13 (b) It is unlawful for any person or for any business, its
14-14 employees, or other agents or representatives to use in connection
14-15 with its name or business activity the words "physical therapy,"
14-16 "physical therapy technician," <therapist> "physiotherapy,"
14-17 "physiotherapist," "licensed physical therapy technician,"
14-18 <therapist> "registered physical therapy technician," <therapist>
14-19 or physical therapy technician <therapist> assistant or the letters
14-20 "PTT," "PhT," "LPTT," "RPTT," or "PTTA" or any other words,
14-21 letters, abbreviations, or insignia indicating or implying orally
14-22 or in writing, in print or by sign, or in any other way, directly
14-23 or by implication, that physical therapy is provided or supplied,
14-24 or to extend or provide physical therapy services unless the
14-25 services are provided by a physical therapy technician <therapist>
15-1 licensed under this Act.
15-2 (c) It is a violation of this Act to advertise the ability
15-3 to provide physical therapy unless the individual providing the
15-4 physical therapy is licensed under this Act.
15-5 (d) It is a violation of this Act for an individual licensed
15-6 by the board to violate the provisions of Section 161.091, Health
15-7 and Safety Code.
15-8 (e) A violation of any provision of this section will
15-9 subject the violator to the penalties of Section 18 of this Act.
15-10 Sec. 8. (a) An applicant for a license as a physical
15-11 therapy technician <therapist> must file a written application, on
15-12 a form provided by the board, accompanied by an examination fee
15-13 prescribed by the board, which is refundable if the applicant does
15-14 not take the examination, and an application fee prescribed by the
15-15 board, which is not refundable. The applicant must present
15-16 evidence satisfactory to the board that the applicant has completed
15-17 an accredited program or equivalent program in physical therapy
15-18 education. "Equivalent program" means that the applicant shall
15-19 provide official documentation from a board-approved educational
15-20 credentials review agency, certifying completion of a program
15-21 equivalent to a Commission on Accreditation of Physical Therapy
15-22 Education accredited program and completion of a minimum of 60
15-23 academic semester credits or the equivalent from an accredited
15-24 institution of higher learning.
15-25 (b) The board shall issue a license to each applicant who
16-1 passes the examination, meets the qualifications prescribed by
16-2 Subsection (a) of this section, and has not committed an act that
16-3 constitutes grounds for denial of a license under Section 19 of
16-4 this Act.
16-5 (c) The applicant must meet all other requirements and
16-6 qualifications set forth by the board.
16-7 Sec. 9. (a) An applicant for a physical therapy technician
16-8 <therapist> assistant license must file a written application with
16-9 the board, on a form provided by the board, accompanied by an
16-10 examination fee prescribed by the board, which is refundable if the
16-11 applicant does not take the examination, and an application fee
16-12 prescribed by the board, which is not refundable. The applicant
16-13 must present evidence satisfactory to the board that the applicant
16-14 has completed an accredited physical therapy technician <therapist>
16-15 assistant program or an accredited physical therapy program,
16-16 including courses in the anatomical, biological, and physical
16-17 sciences, and clinical procedures as prescribed and approved by the
16-18 board.
16-19 (b) The board shall issue a license to each applicant who
16-20 passes the examination, meets the qualifications prescribed by
16-21 Subsection (a) of this section, and has not committed an act that
16-22 constitutes grounds for denial of a license under Section 19 of
16-23 this Act.
16-24 (c) The applicant must meet all other requirements and
16-25 qualifications established by the board.
17-1 (d) The board may grant licensure as a physical therapy
17-2 technician <therapist> assistant to an individual who has not
17-3 completed an accredited program for physical therapy technician
17-4 <therapist> assistants if the individual meets all requirements of
17-5 Section 8 of this Act and has had no disciplinary action in any
17-6 other state or nation.
17-7 Sec. 10. (a) The board may grant an provisional license to
17-8 an applicant who presents proof of current licensure in another
17-9 state, the District of Columbia, or territory of the United States
17-10 that maintains professional standards considered by the board to be
17-11 equivalent to those set forth in this Act. An applicant for a
17-12 provisional license under this section must:
17-13 (1) be licensed in good standing as a physical therapy
17-14 technician <therapist> or physical therapy technician <therapist>
17-15 assistant in another state, the District of Columbia, or a
17-16 territory of the United States that has licensing requirements that
17-17 are substantially equivalent to the requirements of this Act;
17-18 (2) have passed a national or other examination
17-19 recognized by the board relating to the practice of physical
17-20 therapy; and
17-21 (3) be sponsored by a person licensed by the board
17-22 under this Act with whom the provisional licensee may practice
17-23 under this section.
17-24 (b) An applicant for a provisional license may be excused
17-25 from the requirement of Subsection (a)(3) of this section if the
18-1 board determines that compliance with that subsection constitutes a
18-2 hardship to the applicant.
18-3 (c) A provisional license is valid until the date the board
18-4 approves or denies the provisional licensee's application for a
18-5 license. The board shall issue a license under this Act to the
18-6 holder of a provisional license under this section if:
18-7 (1) the provisional licensee passes a jurisprudence
18-8 examination, if required;
18-9 (2) the board verifies that the provisional licensee
18-10 has the academic and experience requirements for a license under
18-11 this Act; and
18-12 (3) the provisional licensee satisfies any other
18-13 license requirements under this Act.
18-14 (d) The board must complete the processing of a provisional
18-15 licensee's application for a license not later than the 180th day
18-16 after the date the provisional license is issued. The board may
18-17 extend the 180-day limit if the results on an examination have not
18-18 been received by the board.
18-19 Sec. 10A. Foreign-trained physical therapy technicians
18-20 <therapists> or physical therapy technician <therapist> assistants
18-21 shall satisfy the examination requirements of Section 8 or 9 of
18-22 this Act. The board shall require foreign-trained applicants to
18-23 furnish proof of good moral character and completion of
18-24 requirements substantially equal to those contained in Section 8 or
18-25 9 of this Act before taking the examination.
19-1 Sec. 11. (a) The board by rule may provide for the issuance
19-2 of a temporary license. A holder of a temporary license shall
19-3 practice under the supervision of a licensed physical therapy
19-4 technician <therapist>. Rules adopted under this subsection shall
19-5 include a time limit for a licensee to remain on temporary status.
19-6 (b) The board by rule may provide for a person who holds a
19-7 license under this Act to be placed on inactive status. Rules
19-8 adopted under this subsection shall include a time limit for a
19-9 licensee to remain on inactive status.
19-10 Sec. 12. (a) A licensed physical therapy technician
19-11 <therapist> may use the title "Physical Therapy Technician
19-12 <Therapist>." No other person may be so designated or permitted
19-13 to use the term "Physical Therapy Technician <Therapist>." The
19-14 license as a physical therapy technician <therapist> does not
19-15 authorize the use of any affix indicating or implying that the
19-16 licensed person is a physician.
19-17 (b) A licensed physical therapy technician <therapist>
19-18 assistant may use the title "Physical Therapy Technician
19-19 <Therapist> Assistant." No other person may be so designated or
19-20 permitted to use the term "Physical Therapy Technician <Therapist>
19-21 Assistant." The license as a physical therapy technician
19-22 <therapist> assistant does not authorize the use of any affix
19-23 indicating or implying that the licensed person is a physician.
19-24 Sec. 13. (a) An applicant who fails to pass a one-part
19-25 examination or any part or parts of a divided examination given by
20-1 the board may take another one-part examination or the part or
20-2 parts of the divided examination that he failed on payment of an
20-3 additional examination fee.
20-4 (b) On the failure of an applicant to pass a second or
20-5 subsequent examination, the board, shall require him to complete
20-6 additional courses of study designated by the board, in which case
20-7 the applicant shall be required to present to the board
20-8 satisfactory evidence of having completed the required additional
20-9 courses before taking subsequent examinations and shall pay
20-10 additional fees equal to the fee required for filing the original
20-11 application.
20-12 (c) If requested in writing by a person who fails the
20-13 licensing examination administered under this Act, the board shall
20-14 furnish the person with an analysis of the person's performance on
20-15 the examination.
20-16 Sec. 14. (a) Each licensee under this Act shall display his
20-17 license and renewal certificate in a conspicuous place in the
20-18 principal office where he practices physical therapy.
20-19 (b) There shall at all times be prominently displayed in the
20-20 place of business of each licensee under this Act a sign containing
20-21 the name, mailing address, and telephone number of the board and a
20-22 statement informing consumers that complaints against licensees can
20-23 be directed to the board.
20-24 Sec. 15. (a) A license issued under this Act expires two
20-25 years after the date of issuance.
21-1 (b) A person may renew an unexpired license by paying to the
21-2 executive council before the expiration date of the license the
21-3 required renewal fee.
21-4 (c) If a person's license has been expired for 90 days or
21-5 less, the person may renew the license by paying to the executive
21-6 council the required renewal fee and a fee that is one-half of the
21-7 examination fee for the license.
21-8 (d) If a person's license has been expired for more than 90
21-9 days but less than one year, the person may renew the license by
21-10 paying to the executive council all unpaid renewal fees and a fee
21-11 that is equal to the examination fee for the license.
21-12 (e) If a person's license has been expired for one year or
21-13 more, the person may not renew the license. The person may obtain
21-14 a new license by submitting to reexamination and complying with the
21-15 requirements and procedures for obtaining an original license.
21-16 However, the board may renew without examination an expired license
21-17 of a person who was licensed in this state, moved to another state,
21-18 and is currently licensed and has been in practice in the other
21-19 state for the two years preceding application. The person must pay
21-20 to the executive council a fee that is equal to the examination fee
21-21 for the license.
21-22 (f) At least 30 days before the expiration of a person's
21-23 license, the executive council shall send written notice of the
21-24 impending license expiration to the person at the licensee's last
21-25 known address according to the records of the executive council.
22-1 Sec. 16. The board may adopt a system under which licenses
22-2 expire on various dates during the year. For the year in which the
22-3 license expiration date is changed, license fees payable on the
22-4 date of issuance shall be prorated on a monthly basis so that each
22-5 licensee shall pay only that portion of the license fee that is
22-6 allocable to the number of months during which the license is
22-7 valid. On renewal of the license on the new expiration date, the
22-8 total license renewal fee is payable.
22-9 Sec. 16A. (a) The board by rule shall adopt requirements
22-10 for mandatory continuing education for licensees under this Act in
22-11 subjects pertaining to the practice of physical therapy. The board
22-12 by rule shall establish a minimum number of hours of continuing
22-13 education required to renew a license. The board ma assess the
22-14 continuing education needs of licensees and may require licensees
22-15 to attend continuing education courses specified by the board. The
22-16 board by rule shall develop a process to evaluate and approve
22-17 continuing education courses.
22-18 (b) The board shall identify the key factors for the
22-19 competent performance by a licensee of the licensee's professional
22-20 duties. The board shall adopt a procedure to assess a licensee's
22-21 participation and performance in continuing education programs.
22-22 Sec. 17. The board ma recommend to the executive council
22-23 reasonable and necessary fees for licenses issued or services
22-24 performed under this Act so that the fees, in the aggregate,
22-25 produce sufficient revenue to cover the cost of administering this
23-1 Act. The board may not recommend a fee to the executive council
23-2 for an amount less than the amount of that fee on September 1,
23-3 1993.
23-4 Sec. 18. (a) A person who knowingly or intentionally
23-5 violates a provision of this Act commits a Class A misdemeanor.
23-6 (b) Each day of violation constitutes a separate offense.
23-7 (c) The attorney general, a district attorney, a county
23-8 attorney, or any other person or any group of persons may institute
23-9 injunction proceedings or any other proceedings to enforce this Act
23-10 and to enjoin or restrain a physical therapy technician <therapist>
23-11 assistant, or any other person from the practice of physical
23-12 therapy without having complied with this Act. A physical therapy
23-13 technician <therapist>, physical therapy technician <therapist>
23-14 assistant, or any other person found by a court of competent
23-15 jurisdiction to have violated a provision of this Act shall forfeit
23-16 to the State of Texas the sum of $200 per day as a penalty for each
23-17 day's violation, the sums to be recovered in a suit by the attorney
23-18 general, a district attorney, a county attorney, or any other
23-19 person or any group of persons. A person other than the attorney
23-20 general, a district attorney, or a county attorney who brings an
23-21 action for injunction or to enforce this Act may recover his court
23-22 costs and attorney's fees.
23-23 Sec. 19. (a)(1) A license may be denied, or after hearing,
23-24 suspended or revoked, or a licensee otherwise disciplined if the
23-25 applicant or licensee has:
24-1 (A) provided physical therapy to a person,
24-2 except as provided by Subdivision (2) of this subsection, without
24-3 the referral from a physician licensed to practice medicine by a
24-4 state Board of Medical Examiners, or by a dentist licensed by a
24-5 state Board of Dental Examiners, or a doctor licensed to practice
24-6 chiropractic by a state Board of Chiropractic Examiners or a
24-7 podiatrist licensed by a state Board of Podiatry Examiners, or by
24-8 any other qualified, licensed health-care professional who within
24-9 the scope of the professional licensure is authorized to refer for
24-10 health care services. The professional taking an action under this
24-11 subdivision is a referring practitioner;
24-12 (B) in the case of a physical therapy technician
24-13 <therapist> assistant, treated a person other than under the
24-14 direction of a licensed physical therapy technician <therapist>;
24-15 (C) used drugs or intoxicating liquors to an
24-16 extent that affects the licensee's or applicant's professional
24-17 competence;
24-18 (D) been convicted of a felony in this state or
24-19 in any other state, territory, or nation; conviction as used in
24-20 this subdivision includes a finding or verdict of guilty, an
24-21 admission of guilt, or a plea of nolo contendere;
24-22 (E) obtained or attempted to obtain a license by
24-23 fraud or deception;
24-24 (F) been grossly negligent in the practice of
24-25 physical therapy or in acting as a physical therapy technician
25-1 <therapist> assistant;
25-2 (G) been adjudged mentally incompetent by a
25-3 court of competent jurisdiction;
25-4 (H) practiced physical therapy in a manner
25-5 detrimental to the public health and welfare; or
25-6 (I) had the licensee's or applicant's license to
25-7 practice physical therapy revoked or suspended or had other
25-8 disciplinary action taken against the licensee or applicant or had
25-9 the licensee's or applicant's application for a license refused,
25-10 revoked, or suspended by the proper licensing authority of another
25-11 state, territory, or nation.
25-12 (2) A licensed physical therapy technician <therapist>
25-13 may treat a patient for an injury or condition that was the subject
25-14 of a prior referral if all of the following conditions are met:
25-15 (A) the physical therapy technician <therapist>,
25-16 within five business days, notifies the referring licensed
25-17 physician, dentist, chiropractor, podiatrist, or other referring
25-18 practitioner of the commencement of therapy;
25-19 (B) for all episodes of physical therapy
25-20 subsequent to that which was initiated by the referral, the
25-21 physical therapy technician <therapist> treats the patient for not
25-22 more than 20 treatment sessions or 30 consecutive calendar days,
25-23 whichever occurs first, whereupon the physical therapy technician
25-24 <therapist> must confer with the referring practitioner in order to
25-25 continue the current episode of treatment; and
26-1 (C) the physical therapy technician <therapist>
26-2 commences any episode of treatment provided pursuant to this
26-3 subsection within one year of the referral by the referring
26-4 practitioner.
26-5 (3) No physical therapy technician <therapist> may
26-6 provide treatment pursuant to Subdivision (2) of this subsection
26-7 without having been licensed to practice physical therapy for at
26-8 least one year and without satisfying other requirements set by the
26-9 board.
26-10 (4) A licensed physical therapy technician <therapist>
26-11 may provide physical assessments or instructions to an asymptomatic
26-12 person without the referral of a referring practitioner.
26-13 (5) In emergency circumstances, including minor
26-14 emergencies, a licensed physical therapy technician <therapist> may
26-15 provide assistance to a person to the best of the technician's
26-16 <therapist> ability without the referral of a referring
26-17 practitioner. For the purposes of this subsection, "emergency
26-18 circumstances" means instances where emergency medical care is
26-19 called for. "Emergency medical care" means bona fide emergency
26-20 services provided after the sudden onset of a medical condition
26-21 manifesting itself by acute symptoms of sufficient severity,
26-22 including severe pain, such that the absence of immediate medical
26-23 attention could reasonably be expected to result in:
26-24 (A) placing the patient's health in serious
26-25 jeopardy;
27-1 (B) serious impairment to bodily functions; or
27-2 (C) serious dysfunction of any bodily organ or
27-3 part.
27-4 (b) The board may not adopt rules restricting competitive
27-5 bidding or advertising by a person regulated by the board except to
27-6 prohibit false, misleading, or deceptive practices by the person.
27-7 The board may not include in its rules to prohibit false,
27-8 misleading, or deceptive practices by a person regulated by the
27-9 board a rule that:
27-10 (1) restricts the person's use of any medium for
27-11 advertising;
27-12 (2) restricts the person's personal appearance or use
27-13 of his voice in an advertisement;
27-14 (3) relates to the size or duration of an
27-15 advertisement by the person; or
27-16 (4) restricts the person's advertisement under a trade
27-17 name.
27-18 Sec. 20. (a) A person whose application for a licensee is
27-19 denied is entitled to a hearing before the State Office of
27-20 Administrative Hearings if the applicant submits a written request
27-21 for a hearing to the board.
27-22 (b) Proceedings for the denial, suspension, or revocation of
27-23 a license or for other discipline of a licensee and appeals from
27-24 those proceedings are governed by the Administrative Procedure and
27-25 Texas Register Act, as amended (Article 6252-13a, Vernon's Texas
28-1 Civil Statutes).
28-2 (c) On application, the board may reissue a license to a
28-3 person whose license has been revoked, but the application may not
28-4 be made before the 180th day after the date the order of revocation
28-5 became final, and the application must be made in the manner and
28-6 form required by the board.
28-7 (d) On application, the board may issue a license to a
28-8 person whose application for license has been denied, but the
28-9 application may not be made prior to one year after the date of
28-10 denial.
28-11 Sec. 20A. (a) The board shall revoke or suspend a license,
28-12 place on probation a licensee whose license has been suspended, or
28-13 reprimand a licensee for a violation of this Act or a rule adopted
28-14 by the board.
28-15 (b) If a license suspension is probated, the board may
28-16 require the licensee to:
28-17 (1) report regularly to the board on matters that are
28-18 the basis of the probation;
28-19 (2) limit practice to the areas prescribed by the
28-20 board; or
28-21 (3) continue or review continuing professional
28-22 education until the licensee attains a degree of skill satisfactory
28-23 to the board in those areas that are the basis of the probation.
28-24 (c) The schedule of sanctions adopted by the board by rule
28-25 shall be used by the State Office of Administrative Hearings for
29-1 any sanction imposed as the result of a hearing conducted by that
29-2 office.
29-3 Sec. 21. (a) Fees received by the board under this Act
29-4 shall be deposited in the State Treasury to the credit of the
29-5 General Revenue Fund.
29-6 (b) The financial transactions of the board are subject to
29-7 audit by the state auditor in accordance with Chapter 321,
29-8 Government Code.
29-9 (c) On or before January 1 of each year, the board shall
29-10 make in writing to the governor and the presiding officer of each
29-11 house of the legislature a complete and detailed report accounting
29-12 for all funds received and disbursed by the board during the
29-13 preceding year.
29-14 Sec. 22. (a) The board shall keep an information file about
29-15 each complaint filed with the executive council and referred to the
29-16 board. The board's information file shall be kept current and
29-17 contain a record for each complaint of:
29-18 (1) all persons contacted in relation to the
29-19 complaint;
29-20 (2) a summary of findings made at each step of the
29-21 complaint process;
29-22 (3) an explanation of the legal basis and reason for a
29-23 complaint that is dismissed; and
29-24 (4) other relevant information.
29-25 (b) If a written complaint is received by the board that the
30-1 board has authority to resolve, the board, at least as frequently
30-2 as quarterly and until final disposition of the complaint, shall
30-3 notify the parties to the complaint of the status of the complaint
30-4 unless the notice would jeopardize an undercover investigation.
30-5 (c) The board by rule shall adopt a form to standardize
30-6 information concerning complaints made to the board. The board by
30-7 rule shall prescribe information to be provided to a person when
30-8 the person files a complaint received by the board.
30-9 (d) The board shall provide reasonable assistance to a
30-10 person who wishes to file a complaint.
30-11 Sec. 23. (a) The board shall adopt rules concerning the
30-12 investigation of a complaint received by the board. The rules
30-13 adopted under this subsection shall:
30-14 (1) distinguish between categories of complaints;
30-15 (2) ensure that complaints are not dismissed without
30-16 appropriate consideration;
30-17 (3) require that the board be advised of a complaint
30-18 that is dismissed and that a letter be sent to the person who filed
30-19 the complaint explaining the action taken on the dismissed
30-20 complaint;
30-21 (4) ensure that the person who filed the complaint has
30-22 an opportunity to explain the allegations made in the complaint;
30-23 (5) prescribe guidelines concerning the categories of
30-24 complaints that require the use of a private investigator and the
30-25 procedures for the board to obtain the services of a private
31-1 investigator; and
31-2 (6) require the board to advise the executive council
31-3 of complaints disposed of.
31-4 (b) The board shall dispose of all complaints in a timely
31-5 manner. The board shall establish a schedule for conducting each
31-6 phase of a complaint that is under the control of the board not
31-7 later than the 30th day after the date the complaint is received by
31-8 the board. The schedule shall be kept in the information file for
31-9 the complaint and all parties shall be notified of the projected
31-10 time requirements for pursuing the complaint. A change in the
31-11 schedule must be noted in the complaint information file and all
31-12 parties to the complaint must be notified not later than the
31-13 seventh day after the date the change is made.
31-14 (c) The coordinator of the physical therapy programs shall
31-15 notify the board of a complaint that extends beyond the time
31-16 prescribed by the board for resolving the complaint so that the
31-17 board may take necessary action on the complaint.
31-18 Sec. 24. (a) The board by rule shall adopt procedure
31-19 governing:
31-20 (1) informal disposition of a contested case under
31-21 Section 13(e), Administrative Procedure and Texas Register Act
31-22 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
31-23 subsequent amendments; and
31-24 (2) informal proceedings held in compliance with
31-25 Section 18(c), Administrative Procedure and Texas Register Act
32-1 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
32-2 subsequent amendments.
32-3 (b) Rules adopted under this section must provide the
32-4 complainant and the licensee an opportunity to be heard and must
32-5 require the presence of a representative of the office of the
32-6 attorney general or the board's legal counsel to advise the board
32-7 or board's employees.
32-8 Sec. 25. The board by rule shall develop a system for
32-9 monitoring licensees' compliance with the requirements of this Act.
32-10 Rules adopted under this section shall include procedures for
32-11 monitoring a licensee who is ordered by the board to perform
32-12 certain acts to ascertain that the licensee performs the required
32-13 acts and to identify and monitor licensees who represent a risk to
32-14 the public.
32-15 Sec. 26. Certain functions relating to the administration of
32-16 this Act are performed in accordance with Article 4512e-1, Revised
32-17 Statutes. To the extent of a conflict between this Act and Article
32-18 4512e-1, Revised Statutes, this <that> article controls.
32-19 Sec. 27. (a) The board by rule shall adopt requirements for
32-20 the registration and renewal of a registration of a facility in
32-21 which the practice of physical therapy is conducted. A facility
32-22 licensed under Subtitle B, Title 4, Health and Safety Code, is
32-23 exempt from the requirements for registration in this section.
32-24 (b) If one or more facilities are owned by an individual,
32-25 partnership, corporation, or other entity, the board may require
33-1 only one application for the registration of all facilities.
33-2 (c) In accordance with Section 6 of this Act, the rules
33-3 adopted under this section shall not prohibit a licensed individual
33-4 from practicing in a facility within the scope of such individual's
33-5 licensure.
33-6 SECTION 2. This Act takes effect on September 1, 1995.
33-7 SECTION 3. The importance of this legislation and the
33-8 crowded condition of the calendars in both houses create an
33-9 emergency and an imperative public necessity that the
33-10 constitutional rule requiring bills to be read on three several
33-11 days in each house be suspended, and this rule is hereby suspended,
33-12 and that this Act take effect and be in force from and after its
33-13 passage, and it is so enacted.