By Dukes H.B. No. 2837
77R5670 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of the practice of
1-3 kinesiotherapy; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle H, Title 3, Occupations Code, is amended
1-6 by adding Chapter 456 to read as follows:
1-7 CHAPTER 456. KINESIOTHERAPISTS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 456.001. DEFINITIONS. In this chapter:
1-10 (1) "Board of health" means the Texas Board of Health.
1-11 (2) "Commission on Accreditation of Allied Health
1-12 Education Programs" means the national accrediting agency for
1-13 allied health education programs.
1-14 (3) "Commissioner" means the commissioner of public
1-15 health.
1-16 (4) "Committee on Accreditation for Kinesiotherapy"
1-17 means the committee that evaluates allied health education programs
1-18 and submits the accreditation recommendations on which Commission
1-19 on Accreditation of Allied Health Education Programs action is
1-20 taken.
1-21 (5) "Council on Professional Standards" means the
1-22 Council on Professional Standards for the American Kinesiotherapy
1-23 Association.
1-24 (6) "Degree" means a baccalaureate or
2-1 postbaccalaureate degree conferred by a college or university that
2-2 is accredited by the Commission on Accreditation of Allied Health
2-3 Education Programs.
2-4 (7) "Department" means the Texas Department of Health.
2-5 (8) "Kinesiotherapist" means a person licensed to
2-6 practice kinesiotherapy under this chapter.
2-7 (9) "Kinesiotherapist board" means the Texas State
2-8 Board of Examiners of Kinesiotherapists.
2-9 (10) "Provisionally licensed kinesiotherapist" means a
2-10 person provisionally licensed to practice kinesiotherapy under this
2-11 chapter.
2-12 (11) "Registration" means a level of credentialing
2-13 gained by passing the American Kinesiotherapy Association
2-14 registration examination.
2-15 Sec. 456.002. PRACTICE OF KINESIOTHERAPY. (a)
2-16 Kinesiotherapy is the treatment of the effects of chronic disease
2-17 and injury through the use of therapeutic exercise and education by
2-18 a kinesiotherapist who specializes in the application of
2-19 kinesiological principles and the concepts of adaptive physical
2-20 education to assess the natural movements and functions of persons
2-21 affected by chronic disease and injury as compared and contrasted
2-22 to the natural movements of the healthy human body to determine how
2-23 the kinesiotherapist may optimize the individual's existing
2-24 physical abilities and to restore, through regimented education and
2-25 exercise, those physical abilities that have been impaired.
2-26 (b) The practice of kinesiotherapy includes:
2-27 (1) the physical assessment of muscular strength and
3-1 endurance, neuromuscular coordination, kinesthesis, proprioception,
3-2 flexibility and joint range of motion, cardiovascular fitness, and
3-3 reaction time;
3-4 (2) the assessment of psychological factors relating
3-5 to the planning and implementation of a kinesiotherapy program;
3-6 (3) intervention in the form of conditioning
3-7 exercises, progressive-restrictive exercise, flexibility training,
3-8 aquatic exercise, and balance activities; and
3-9 (4) education on the subjects of home exercise
3-10 programs, body mechanics, and patient management instruction for
3-11 the family.
3-12 Sec. 456.003. APPLICABILITY OF CHAPTER. (a) This chapter
3-13 does not apply to:
3-14 (1) a person who is licensed in this state as a
3-15 physician, chiropractor, nurse, physical therapist, occupational
3-16 therapist, or athletic trainer or who is a member of another
3-17 similar profession subject to state licensing while the person is
3-18 practicing within the scope of that license;
3-19 (2) a service or procedure for which a license to
3-20 practice medicine, chiropractic, occupational therapy, physical
3-21 therapy, or podiatry is required by law;
3-22 (3) the use of massage, heat, cold, air, light,
3-23 electricity, or sound in providing treatment; or
3-24 (4) the treatment of pain, other than through the use
3-25 of kinesiological principles and education, to prevent exacerbation
3-26 or aggravation of existing symptoms.
3-27 (b) A student in a state-approved course of clinical
4-1 instruction that consists of a minimum of 1,000 hours is exempt
4-2 from the licensing requirements of this chapter.
4-3 Sec. 456.004. EFFECT ON LOCAL REGULATION. (a) Except as
4-4 provided by Subsection (b), this chapter supersedes any rule or
4-5 regulation adopted by a political subdivision of this state
4-6 relating to the licensing or regulation of kinesiotherapists.
4-7 (b) This chapter does not affect:
4-8 (1) a local ordinance or regulation relating to zoning
4-9 requirements for kinesiotherapy establishments or similar
4-10 regulations;
4-11 (2) a local ordinance or regulation that authorizes or
4-12 requires an investigation into the background of an owner or
4-13 operator of or investor in a kinesiotherapy establishment; or
4-14 (3) a local ordinance or regulation that does not
4-15 relate directly to the practice of kinesiotherapy as performed by a
4-16 kinesiotherapist, including an ordinance relating to a professional
4-17 listed under Section 456.003(a), who performs duties under the
4-18 professional's respective licensing statute while working with a
4-19 kinesiotherapist.
4-20 (c) Except as provided by Chapter 243, Local Government
4-21 Code, a political subdivision may not adopt an ordinance or
4-22 regulation of the type listed in Subsection (b) that is more
4-23 restrictive for kinesiotherapists or kinesiotherapist
4-24 establishments than for other health care professionals or
4-25 establishments.
4-26 Sec. 456.005. APPLICATION OF SUNSET ACT. The Texas State
4-27 Board of Examiners of Kinesiotherapists is subject to Chapter 325,
5-1 Government Code (Texas Sunset Act). Unless continued in existence
5-2 as provided by that chapter, the board is abolished and this
5-3 chapter expires September 1, 2013.
5-4 (Sections 456.006-456.050 reserved for expansion
5-5 SUBCHAPTER B. TEXAS STATE BOARD OF EXAMINERS OF
5-6 KINESIOTHERAPISTS
5-7 Sec. 456.051. TEXAS STATE BOARD OF EXAMINERS OF
5-8 KINESIOTHERAPISTS. (a) The Texas State Board of Examiners of
5-9 Kinesiotherapists consists of nine members appointed by the
5-10 governor with the advice and consent of the senate, as follows:
5-11 (1) six members who are kinesiotherapists;
5-12 (2) one member who is a licensed physician; and
5-13 (3) two members who represent the public.
5-14 (b) Appointments to the kinesiotherapist board shall be made
5-15 without regard to the race, color, disability, sex, religion, age,
5-16 or national origin of the appointee.
5-17 Sec. 456.052. PUBLIC MEMBER ELIGIBILITY. A person is not
5-18 eligible for appointment as a public member of the kinesiotherapist
5-19 board if the person or the person's spouse:
5-20 (1) is registered, certified, or licensed by an
5-21 occupational regulatory agency in the field of kinesiotherapy;
5-22 (2) is employed by or participates in the management
5-23 of a business entity or other organization regulated by the
5-24 kinesiotherapist board or receiving funds from the kinesiotherapist
5-25 board;
5-26 (3) owns or controls, directly or indirectly, more
5-27 than a 10 percent interest in a business entity or other
6-1 organization regulated by the kinesiotherapist board or receiving
6-2 funds from the kinesiotherapist board; or
6-3 (4) uses or receives a substantial amount of tangible
6-4 goods, services, or funds from the kinesiotherapist board, other
6-5 than compensation or reimbursement authorized by law for
6-6 kinesiotherapist board membership, attendance, or expenses.
6-7 Sec. 456.053. MEMBERSHIP RESTRICTIONS. (a) In this section,
6-8 "Texas trade association" means a nonprofit, cooperative, and
6-9 voluntarily joined association of business or professional
6-10 competitors in this state designed to assist its members and its
6-11 industry or profession in dealing with mutual business or
6-12 professional problems and in promoting their common interest.
6-13 (b) An officer, employee, or paid consultant of a national
6-14 or Texas trade association in the field of kinesiotherapy may not
6-15 be a member or employee of the kinesiotherapist board who is exempt
6-16 from the state's position classification plan or is compensated at
6-17 or above the amount prescribed by the General Appropriations Act
6-18 for step 1, salary group A17, of the position classification salary
6-19 schedule.
6-20 (c) A person who is the spouse of an officer, manager, or
6-21 paid consultant of a Texas trade association in the field of
6-22 kinesiotherapy may not be a kinesiotherapist board member and may
6-23 not be an employee of the kinesiotherapist board who is exempt from
6-24 the state's position classification plan or is compensated at or
6-25 above the amount prescribed by the General Appropriations Act for
6-26 step 1, salary group A17, of the position classification salary
6-27 schedule.
7-1 (d) A person may not serve as a member of the
7-2 kinesiotherapist board if the person is required to register as a
7-3 lobbyist under Chapter 305, Government Code, because of the
7-4 person's activities for compensation on behalf of a profession
7-5 related to the operation of the kinesiotherapist board.
7-6 Sec. 456.054. TERMS. Members of the kinesiotherapist board
7-7 serve staggered six-year terms, with the terms of two members
7-8 expiring on August 31 of each odd-numbered year.
7-9 Sec. 456.055. GROUNDS FOR REMOVAL. (a) It is a ground for
7-10 removal from the kinesiotherapist board that a member:
7-11 (1) does not have at the time of appointment the
7-12 qualifications required for appointment to the kinesiotherapist
7-13 board;
7-14 (2) does not maintain during service on the
7-15 kinesiotherapist board the qualifications required for appointment
7-16 to the kinesiotherapist board;
7-17 (3) violates a prohibition established by this
7-18 chapter;
7-19 (4) cannot discharge the member's duties for a
7-20 substantial part of the term for which the member is appointed
7-21 because of illness or disability; or
7-22 (5) is absent from more than half of the regularly
7-23 scheduled kinesiotherapist board meetings that the member is
7-24 eligible to attend during a calendar year unless the absence is
7-25 excused by majority vote of the kinesiotherapist board.
7-26 (b) The validity of an action of the kinesiotherapist board
7-27 is not affected by the fact that it is taken when a ground for
8-1 removal of a member of the kinesiotherapist board exists.
8-2 (c) If the executive secretary has knowledge that a
8-3 potential ground for removal exists, the executive secretary shall
8-4 notify the presiding officer of the kinesiotherapist board of the
8-5 ground. The presiding officer shall then notify the governor that
8-6 a potential ground for removal exists.
8-7 Sec. 456.056. OFFICERS. Not later than the 30th day after
8-8 the date new kinesiotherapist board members are appointed by the
8-9 governor, the kinesiotherapist board shall meet to elect a
8-10 presiding officer and assistant presiding officer who shall hold
8-11 office according to the rules adopted by the kinesiotherapist
8-12 board.
8-13 Sec. 456.057. MEETINGS. The kinesiotherapist board shall
8-14 hold at least two regular meetings each year as provided by rules
8-15 adopted by the kinesiotherapist board. The rules may not be
8-16 inconsistent with board of health rules relating to meetings of
8-17 boards.
8-18 Sec. 456.058. PER DIEM; REIMBURSEMENT; COMPENSATION. (a)
8-19 Each member of the kinesiotherapist board is entitled to a per diem
8-20 payment at the rate set by the legislature for state employees in
8-21 the General Appropriations Act for each day the member engages in
8-22 the business of the kinesiotherapist board.
8-23 (b) A member is entitled to reimbursement for transportation
8-24 expenses as provided by the General Appropriations Act.
8-25 (c) A kinesiotherapist board member may not receive a salary
8-26 for the member's services.
8-27 Sec. 456.059. TRAINING. (a) The kinesiotherapist board
9-1 shall establish a training program for the members of the
9-2 kinesiotherapist board.
9-3 (b) Before a member of the kinesiotherapist board may assume
9-4 the member's duties and before the member may be confirmed by the
9-5 senate, the member must complete at least one course of the
9-6 training program established under this section.
9-7 (c) A training program established under this section must
9-8 provide information to a participant regarding:
9-9 (1) this chapter;
9-10 (2) the programs operated by the kinesiotherapist
9-11 board;
9-12 (3) the role and functions of the kinesiotherapist
9-13 board;
9-14 (4) the rules of the kinesiotherapist board, with an
9-15 emphasis on the rules that relate to disciplinary and investigatory
9-16 authority;
9-17 (5) the current budget for the kinesiotherapist board;
9-18 (6) the results of the most recent formal audit of the
9-19 kinesiotherapist board;
9-20 (7) the requirements of:
9-21 (A) Chapter 551, Government Code;
9-22 (B) Chapter 552, Government Code; and
9-23 (C) Chapter 2001, Government Code;
9-24 (8) the requirements of the conflict of interest laws
9-25 and other laws relating to public officials; and
9-26 (9) any applicable ethics policies adopted by the
9-27 kinesiotherapist board or the Texas Ethics Commission.
10-1 (d) In developing the training requirements provided for in
10-2 this section, the kinesiotherapist board shall consult with the
10-3 governor's office, the attorney general's office, and the Texas
10-4 Ethics Commission.
10-5 (e) In the event that another state agency or entity is
10-6 given the authority to establish the training requirements, the
10-7 kinesiotherapist board shall use that training instead of
10-8 developing its own program.
10-9 (Sections 456.060-456.100 reserved for expansion
10-10 SUBCHAPTER C. EXECUTIVE SECRETARY AND PERSONNEL
10-11 Sec. 456.101. EXECUTIVE SECRETARY. The commissioner shall
10-12 designate an employee to serve as executive secretary to the
10-13 kinesiotherapist board. The executive secretary must be an
10-14 employee of the department. The executive secretary is the
10-15 administrator of the licensing activities of the kinesiotherapist
10-16 board.
10-17 Sec. 456.102. EXECUTIVE SECRETARY POWERS AND DUTIES. In
10-18 addition to the other duties prescribed by this chapter and by the
10-19 department, the executive secretary shall:
10-20 (1) keep full and accurate minutes of the transactions
10-21 and proceedings of the kinesiotherapist board;
10-22 (2) be the custodian of the files and records of the
10-23 kinesiotherapist board;
10-24 (3) prepare and recommend to the kinesiotherapist
10-25 board plans and procedures necessary to implement the purposes and
10-26 objectives of this chapter, including rules and proposals on
10-27 administrative procedures consistent with this chapter;
11-1 (4) exercise general supervision over persons employed
11-2 by the department in the administration of this chapter;
11-3 (5) be responsible for the investigation of complaints
11-4 and for the presentation of formal complaints;
11-5 (6) attend all meetings of the kinesiotherapist board
11-6 as a nonvoting participant; and
11-7 (7) handle the correspondence of the kinesiotherapist
11-8 board and obtain, assemble, or prepare the reports and information
11-9 that the kinesiotherapist board may direct or authorize.
11-10 Sec. 456.103. PERSONNEL AND FACILITIES. (a) The basic
11-11 personnel and necessary facilities that are required to administer
11-12 this chapter shall be the personnel and facilities of the
11-13 department. The department personnel shall act as the agents of
11-14 the kinesiotherapist board.
11-15 (b) If necessary for the administration or implementation of
11-16 this chapter, the department by agreement may secure and provide
11-17 for compensation for services that it considers necessary and may
11-18 employ and compensate, within available appropriations,
11-19 professional consultants, technical assistants, and employees on a
11-20 full-time or part-time basis.
11-21 Sec. 456.104. DIVISION OF RESPONSIBILITIES. The
11-22 kinesiotherapist board shall develop and implement policies that
11-23 clearly define the respective responsibilities of the
11-24 kinesiotherapist board and the staff of the kinesiotherapist board.
11-25 Sec. 456.105. STANDARDS OF CONDUCT INFORMATION. The
11-26 kinesiotherapist board shall provide to its members and employees,
11-27 as often as necessary, information regarding their qualifications
12-1 for office or employment under this chapter and their
12-2 responsibilities under applicable laws relating to standards of
12-3 conduct for state officers or employees.
12-4 Sec. 456.106. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a)
12-5 The executive secretary or the secretary's designee shall prepare
12-6 and maintain a written policy statement to assure implementation of
12-7 a program of equal employment opportunity under which all personnel
12-8 transactions are made without regard to race, color, disability,
12-9 sex, religion, age, or national origin. The policy statement must
12-10 include:
12-11 (1) personnel policies, including policies relating to
12-12 recruitment, evaluation, selection, application, training, and
12-13 promotion of personnel, that are in compliance with Chapter 21,
12-14 Labor Code;
12-15 (2) a comprehensive analysis of the kinesiotherapist
12-16 board workforce that meets federal and state guidelines;
12-17 (3) procedures by which a determination can be made of
12-18 significant underutilization in the kinesiotherapist board
12-19 workforce of all persons for whom federal or state guidelines
12-20 encourage a more equitable balance; and
12-21 (4) reasonable methods to appropriately address those
12-22 areas of underutilization.
12-23 (b) The governor shall deliver a biennial report to the
12-24 legislature based on the information received under Subsection (a).
12-25 The report may be made separately or as a part of other biennial
12-26 reports to the legislature.
12-27 (Sections 456.107-456.150 reserved for expansion
13-1 SUBCHAPTER D. POWERS AND DUTIES OF KINESIOTHERAPIST
13-2 BOARD AND DEPARTMENT
13-3 Sec. 456.151. RULEMAKING. The kinesiotherapist board may
13-4 adopt rules consistent with this chapter. In adopting rules, the
13-5 kinesiotherapist board shall consider the rules and procedures of
13-6 the board of health and the department and shall adopt procedural
13-7 rules not inconsistent with similar existing rules and procedures
13-8 of the board of health and the department.
13-9 Sec. 456.152. KINESIOTHERAPIST BOARD POWERS AND DUTIES. The
13-10 kinesiotherapist board shall:
13-11 (1) adopt and publish a code of ethics and adopt an
13-12 official seal;
13-13 (2) establish the qualifications and fitness of
13-14 applicants for licenses, renewal of licenses, and reciprocal
13-15 licenses;
13-16 (3) revoke, suspend, or deny a license, probate a
13-17 license suspension, or reprimand a license holder for a violation
13-18 of this chapter, the code of ethics, or the rules of the
13-19 kinesiotherapist board;
13-20 (4) spend funds necessary for the proper
13-21 administration of its assigned duties; and
13-22 (5) establish reasonable and necessary fees for the
13-23 administration and implementation of this chapter.
13-24 Sec. 456.153. FEES; ACCOUNT. (a) After consultation with
13-25 the commissioner or the department, the kinesiotherapist board by
13-26 rule shall set reasonable and necessary fees in amounts that are
13-27 adequate to collect sufficient revenue to meet the expenses
14-1 necessary to administer this chapter.
14-2 (b) The department shall deposit money received under this
14-3 chapter in the general revenue fund to the credit of a special
14-4 account to be known as the licensed kinesiotherapist account.
14-5 Money in the account may be appropriated only for the
14-6 administration of this chapter.
14-7 Sec. 456.154. RULES REGARDING ADVERTISING OR COMPETITIVE
14-8 BIDDING. (a) The kinesiotherapist board may not adopt rules
14-9 restricting competitive bidding or advertising by a person
14-10 regulated by the kinesiotherapist board except to prohibit false,
14-11 misleading, or deceptive practices.
14-12 (b) The kinesiotherapist board may not include in its rules
14-13 to prohibit false, misleading, or deceptive practices by a person
14-14 regulated by the kinesiotherapist board a rule that:
14-15 (1) restricts the use of any medium for advertising;
14-16 (2) restricts the person's personal appearance or use
14-17 of the person's voice in an advertisement;
14-18 (3) relates to the size or duration of any
14-19 advertisement by the person; or
14-20 (4) restricts the person's advertisement under a trade
14-21 name.
14-22 Sec. 456.155. POWERS AND DUTIES OF BOARD OF HEALTH. To
14-23 implement this chapter, the board of health:
14-24 (1) shall request and receive any necessary assistance
14-25 from state educational institutions or other state agencies;
14-26 (2) shall prepare information of consumer interest
14-27 describing the regulatory functions of the kinesiotherapist board,
15-1 the procedures by which consumer complaints are filed and resolved,
15-2 and the profession of kinesiotherapy;
15-3 (3) shall prepare a registry of kinesiotherapists and
15-4 provisionally licensed kinesiotherapists and make this information
15-5 available to the public, license holders, and appropriate state
15-6 agencies; and
15-7 (4) may request the attorney general or the
15-8 appropriate county or district attorney to institute a suit to
15-9 enjoin a violation of this chapter in addition to any other action,
15-10 proceeding, or remedy authorized by law.
15-11 (Sections 456.156-456.200 reserved for expansion
15-12 SUBCHAPTER E. PUBLIC INTEREST INFORMATION
15-13 AND COMPLAINT PROCEDURES
15-14 Sec. 456.201. PUBLIC INTEREST INFORMATION. The
15-15 kinesiotherapist board shall prepare information of public interest
15-16 describing the functions of the kinesiotherapist board and the
15-17 procedures by which complaints are filed with and resolved by the
15-18 kinesiotherapist board. The kinesiotherapist board shall make the
15-19 information available to the public and appropriate state agencies.
15-20 Sec. 456.202. COMPLAINTS. (a) The kinesiotherapist board by
15-21 rule shall establish methods by which consumers and service
15-22 recipients are notified of the name, mailing address, and telephone
15-23 number of the kinesiotherapist board for the purpose of directing
15-24 complaints to the kinesiotherapist board. The kinesiotherapist
15-25 board may provide for that notification:
15-26 (1) on each registration form, application, or written
15-27 contract for services of a person regulated by the kinesiotherapist
16-1 board;
16-2 (2) on a sign prominently displayed in the place of
16-3 business of each person regulated by the kinesiotherapist board; or
16-4 (3) in a bill for service provided by a person
16-5 regulated by the kinesiotherapist board.
16-6 (b) The kinesiotherapist board shall list along with its
16-7 regular telephone number the toll-free telephone number that may be
16-8 called to present a complaint about a health professional if the
16-9 toll-free number is established under other state law.
16-10 Sec. 456.203. COMPLAINT FILE AND STATUS. (a) The
16-11 kinesiotherapist board shall keep an information file about each
16-12 complaint filed with the kinesiotherapist board.
16-13 (b) If a written complaint is filed with the
16-14 kinesiotherapist board that the kinesiotherapist board or
16-15 department has authority to resolve, the kinesiotherapist board, at
16-16 least as frequently as quarterly and until final disposition of the
16-17 complaint, shall notify the parties to the complaint of the status
16-18 of the complaint unless the notice would jeopardize an undercover
16-19 investigation.
16-20 Sec. 456.204. COMPLAINT PROCEDURE IN GENERAL. (a) The
16-21 kinesiotherapist board's information file must be kept current and
16-22 contain a record for each complaint of:
16-23 (1) all persons contacted in relation to the
16-24 complaint;
16-25 (2) a summary of findings made at each step of the
16-26 complaint process;
16-27 (3) an explanation of the legal basis and reason for a
17-1 complaint that is dismissed; and
17-2 (4) other relevant information.
17-3 (b) The kinesiotherapist board by rule shall adopt a form to
17-4 standardize information concerning complaints made to the
17-5 kinesiotherapist board. The kinesiotherapist board by rule shall
17-6 prescribe information to be provided to a person when the person
17-7 files a complaint with the kinesiotherapist board.
17-8 (c) The kinesiotherapist board shall provide reasonable
17-9 assistance to a person who wishes to file a complaint with the
17-10 kinesiotherapist board.
17-11 Sec. 456.205. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
17-12 The kinesiotherapist board shall adopt rules concerning the
17-13 investigation of a complaint filed with the kinesiotherapist board.
17-14 The rules adopted under this subsection must:
17-15 (1) distinguish between categories of complaints;
17-16 (2) ensure that complaints are not dismissed without
17-17 appropriate consideration;
17-18 (3) require that the kinesiotherapist board be advised
17-19 of a complaint that is dismissed and that a letter be sent to the
17-20 person who filed the complaint explaining the action taken on the
17-21 dismissed complaint;
17-22 (4) ensure that the person who filed the complaint has
17-23 an opportunity to explain the allegations made in the complaint;
17-24 and
17-25 (5) prescribe guidelines concerning the categories of
17-26 complaints that require the use of a private investigator and the
17-27 procedures for the kinesiotherapist board to obtain the services of
18-1 a private investigator.
18-2 (b) The kinesiotherapist board shall dispose of all
18-3 complaints in a timely manner. The kinesiotherapist board shall
18-4 establish a schedule for conducting each phase of a complaint that
18-5 is under the control of the kinesiotherapist board not later than
18-6 the 30th day after the date the complaint is received by the
18-7 kinesiotherapist board. The schedule must be kept in the
18-8 information file for the complaint, and all parties shall be
18-9 notified of the projected time requirements for pursuing the
18-10 complaint. A change in the schedule must be noted in the complaint
18-11 information file, and all parties to the complaint shall be
18-12 notified not later than the seventh day after the date the change
18-13 is made.
18-14 (c) The executive secretary of the kinesiotherapist board
18-15 shall notify the kinesiotherapist board of a complaint that is
18-16 unresolved after the time prescribed by the kinesiotherapist board
18-17 for resolving the complaint so that the kinesiotherapist board may
18-18 take necessary action on the complaint.
18-19 Sec. 456.206. PUBLIC PARTICIPATION. The kinesiotherapist
18-20 board shall develop and implement policies that provide the public
18-21 with a reasonable opportunity to appear before the kinesiotherapist
18-22 board and to speak on any issue under the jurisdiction of the
18-23 kinesiotherapist board.
18-24 Sec. 456.207. PUBLIC ACCESS. The kinesiotherapist board
18-25 shall prepare and maintain a written plan that describes how a
18-26 person who does not speak English may be provided reasonable access
18-27 to the kinesiotherapist board's programs.
19-1 (Sections 456.208-456.250 reserved for expansion
19-2 CHAPTER F. LICENSE REQUIREMENTS
19-3 Sec. 456.251. LICENSE REQUIRED. Unless the person holds the
19-4 appropriate license under this chapter, a person may not:
19-5 (1) use the title or represent or imply that the
19-6 person has the title of "licensed kinesiotherapist" or
19-7 "provisionally licensed kinesiotherapist";
19-8 (2) use the letters "LK," "LKT," "LPK," or "LPKT"; or
19-9 (3) use any facsimile of the titles or letters under
19-10 Subdivision (1) or (2) in any manner to indicate or imply that the
19-11 person is licensed as a kinesiotherapist or a provisionally
19-12 licensed kinesiotherapist.
19-13 Sec. 456.252. LICENSE APPLICATION. (a) An applicant for a
19-14 kinesiotherapy license must submit a sworn application, accompanied
19-15 by the application fee.
19-16 (b) The kinesiotherapist board shall prescribe the form of
19-17 the application and may by rule establish dates by which
19-18 applications and fees must be received. These rules must not be
19-19 inconsistent with rules of the board of health related to
19-20 application dates for other licenses.
19-21 (c) Not later than the 45th day after the receipt of a
19-22 properly submitted and timely application and not later than the
19-23 30th day before the next examination date, the department shall
19-24 notify an applicant in writing that the application and any other
19-25 relevant evidence pertaining to applicant qualifications
19-26 established by the kinesiotherapist board by rule have been
19-27 received and investigated. The notice must state whether the
20-1 application and the other evidence qualify the applicant for
20-2 examination. If the applicant is not qualified for examination,
20-3 the notice must state the reasons for the lack of qualification.
20-4 Sec. 456.253. EXAMINATION. (a) To qualify for the licensing
20-5 examination under this chapter, the applicant must:
20-6 (1) possess a science degree in kinesiotherapy that
20-7 meets the standards of the Committee on Accreditation for
20-8 Kinesiotherapy; and
20-9 (2) have completed an internship of not less than
20-10 1,000 hours under the supervision of a kinesiotherapist and either
20-11 a licensed physician, a licensed doctor of osteopathy, or a
20-12 licensed physical therapist.
20-13 (b) To qualify for a license under this chapter, an
20-14 applicant must pass a competency examination prepared and
20-15 administered by the Council on Professional Standards.
20-16 Examinations shall be prepared or approved by the kinesiotherapist
20-17 board and administered to qualified applicants at least twice each
20-18 calendar year. The kinesiotherapist board shall have the written
20-19 portion of the examination validated by an independent testing
20-20 professional.
20-21 (c) By qualifying for and passing the examination, an
20-22 applicant is considered to meet the minimum standards necessary to
20-23 provide safe, effective, and quality service to the public.
20-24 Sec. 456.254. EXAMINATION RESULTS. (a) Not later than the
20-25 60th day after the date on which a licensing examination is
20-26 administered under this chapter, the department shall notify each
20-27 examinee of the results of the examination.
21-1 (b) If an examination is graded or reviewed by a national or
21-2 state testing service, the department shall notify examinees of the
21-3 results of the examination not later than the 30th day after the
21-4 date the department receives the results from the testing service.
21-5 (c) If the notice of the examination results will be delayed
21-6 for more than 90 days after the examination date, the department
21-7 shall notify the examinee of the reason for the delay before the
21-8 90th day.
21-9 (d) If requested in writing by a person who fails the
21-10 licensing examination, the department shall furnish the person with
21-11 an analysis of the person's performance on the examination.
21-12 Sec. 456.255. REEXAMINATION. An applicant who fails the
21-13 examination three times must furnish evidence to the
21-14 kinesiotherapist board of completed course work taken for credit
21-15 with a passing grade in the applicant's areas of weakness before
21-16 the applicant may again apply for the examination.
21-17 Sec. 456.256. EXEMPTION FROM EXAMINATION. The
21-18 kinesiotherapist board shall waive the examination requirement for
21-19 an applicant who, at the time of application, is registered as a
21-20 registered kinesiotherapist by the Council on Professional
21-21 Standards if the criteria for registration by the Council on
21-22 Professional Standards is consistent with the requirements for
21-23 licensing under this chapter.
21-24 Sec. 456.257. FOREIGN-TRAINED APPLICANTS. Foreign-trained
21-25 kinesiotherapists who apply for a license under this chapter must
21-26 satisfy the application and examination requirements of this
21-27 subchapter. The kinesiotherapist board shall require
22-1 foreign-trained applicants to furnish proof of good moral character
22-2 and of completion of requirements substantially equal to those
22-3 contained in this subchapter before taking the examination.
22-4 Sec. 456.258. PROVISIONAL LICENSE. (a) A license as a
22-5 provisionally licensed kinesiotherapist may be issued by the
22-6 kinesiotherapist board to a person who files an application, pays
22-7 an application fee, and submits evidence of the successful
22-8 completion of the educational requirements of this subchapter.
22-9 (b) The initial application under this section must be
22-10 signed by the person who will act as the applicant's supervising
22-11 kinesiotherapist.
22-12 (c) A provisionally licensed kinesiotherapist must practice
22-13 under the supervision and direction of a kinesiotherapist.
22-14 (d) A person qualified for a provisional license under this
22-15 chapter is entitled to receive a license certificate as a
22-16 provisionally licensed kinesiotherapist.
22-17 (e) A provisional license is valid until the first
22-18 anniversary of the date it is issued and may be renewed annually
22-19 not more than twice by the provisional license holder under the
22-20 procedures established for renewal of a license under Subchapter G
22-21 if the application for renewal is signed by the supervising
22-22 kinesiotherapist.
22-23 Sec. 456.259. TEMPORARY LICENSE. (a) On receipt of an
22-24 application and payment of an application fee, the kinesiotherapist
22-25 board may grant a temporary license to an applicant who:
22-26 (1) is licensed or registered in good standing as a
22-27 kinesiotherapist in another state that has licensing or
23-1 registration requirements that are substantially equivalent to the
23-2 requirements of this chapter;
23-3 (2) has passed the examination relating to
23-4 kinesiotherapy recognized by the kinesiotherapist board; and
23-5 (3) is sponsored by a person licensed by the
23-6 kinesiotherapist board under this chapter with whom the temporary
23-7 license holder will practice under this chapter.
23-8 (b) An applicant for a temporary license may be excused from
23-9 the requirement of Subsection (a)(3) if the kinesiotherapist board
23-10 determines that compliance with that subsection constitutes a
23-11 hardship to the applicant.
23-12 (c) A temporary license is valid until the date the
23-13 kinesiotherapist board approves or denies the temporary license
23-14 holder's application for a license under Section 456.252. The
23-15 kinesiotherapist board shall issue a license under this chapter to
23-16 the holder of a temporary license under this section if:
23-17 (1) the temporary license holder passes the
23-18 examination required by this subchapter;
23-19 (2) the kinesiotherapist board verifies that the
23-20 temporary license holder has the academic qualifications and
23-21 experience required for a license under this chapter; and
23-22 (3) the temporary license holder satisfies any other
23-23 license requirements under this chapter.
23-24 (d) The kinesiotherapist board must complete the processing
23-25 of a temporary license holder's application for a license not later
23-26 than the 180th day after the date the temporary license is issued.
23-27 The kinesiotherapist board may extend this deadline to receive
24-1 pending examination results.
24-2 (Sections 456.260-456.300 reserved for expansion
24-3 SUBCHAPTER G. LICENSE EXPIRATION AND RENEWAL
24-4 Sec. 456.301. LICENSE TERM AND EXPIRATION. (a) A license is
24-5 valid until the second anniversary of the date it is issued and may
24-6 be renewed biennially.
24-7 (b) The kinesiotherapist board by rule may adopt a system
24-8 under which licenses expire on various dates during the year. For
24-9 any year in which the license expiration date is changed, license
24-10 fees payable on the original expiration date shall be prorated on a
24-11 monthly basis so that each license holder pays only that portion of
24-12 the license fee that is allocable to the number of months during
24-13 which the license is valid. On renewal of the license on the new
24-14 expiration date, the total license fee is payable.
24-15 Sec. 456.302. RENEWAL PROCEDURE. (a) A person may renew an
24-16 unexpired license by paying the required renewal fee to the
24-17 kinesiotherapist board before the expiration date of the license.
24-18 (b) If a person's license has been expired for 90 days or
24-19 less, the person may renew the license by paying to the
24-20 kinesiotherapist board the required renewal fee and a fee that is
24-21 equal to half of the examination fee for the license.
24-22 (c) If a person's license has been expired for longer than
24-23 90 days but less than one year, the person may renew the license by
24-24 paying to the kinesiotherapist board all unpaid renewal fees and a
24-25 fee that is equal to the renewal fee for the license.
24-26 (d) If a person's license has been expired one year or more,
24-27 the person may not renew the license. The person may obtain a new
25-1 license by complying with the requirements and procedures for
25-2 obtaining an original license.
25-3 (e) At least 30 days before the expiration date of a
25-4 person's license, the kinesiotherapist board must send written
25-5 notice of the impending license expiration to the person at the
25-6 license holder's last known address according to the records of the
25-7 kinesiotherapist board.
25-8 Sec. 456.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
25-9 APPLICANT. (a) The kinesiotherapist board may renew without
25-10 reexamination an expired license of a person who was licensed in
25-11 this state, moved to another state, and is currently licensed or
25-12 registered and has been in practice in the other state for the two
25-13 years preceding the date of application.
25-14 (b) The person must pay the kinesiotherapist board a fee
25-15 that is equal to the examination fee for the license.
25-16 Sec. 456.304. INACTIVE STATUS. The kinesiotherapist board by
25-17 rule may provide for a person who holds a license under this
25-18 chapter to place the license on inactive status. Rules adopted
25-19 under this section must include a time limit for a license to
25-20 remain on inactive status.
25-21 Sec. 456.305. CONTINUING EDUCATION. (a) The
25-22 kinesiotherapist board by rule shall establish a minimum number of
25-23 hours of continuing education required to renew a license under
25-24 this chapter.
25-25 (b) The kinesiotherapist board may assess the continuing
25-26 education needs of license holders and may require license holders
25-27 to attend continuing education courses specified by the
26-1 kinesiotherapist board.
26-2 (c) The kinesiotherapist board shall develop a process to
26-3 evaluate and approve continuing education courses.
26-4 (d) The kinesiotherapist board shall review the key factors
26-5 for the competent performance by a license holder of the license
26-6 holder's professional duties as set forth by the Council on
26-7 Professional Standards.
26-8 (e) The kinesiotherapist board shall adopt a procedure to
26-9 assess a license holder's participation in continuing education
26-10 programs.
26-11 (Sections 456.306-456.350 reserved for expansion
26-12 SUBCHAPTER H. PRACTICE BY LICENSE HOLDER
26-13 Sec. 456.351. DISPLAY AND SURRENDER OF LICENSE. (a) A
26-14 person who holds a license under this chapter shall display the
26-15 person's license certificate in an appropriate and public manner.
26-16 (b) A license certificate issued by the kinesiotherapist
26-17 board is the property of the kinesiotherapist board and must be
26-18 surrendered on demand.
26-19 Sec. 456.352. DUTY TO PROVIDE INFORMATION. A license holder
26-20 shall keep the department informed of the license holder's current
26-21 address.
26-22 Sec. 456.353. SEAL. (a) The kinesiotherapist board by rule
26-23 may require that each license holder obtain an authorized seal of
26-24 the design specified by the kinesiotherapist board, bearing the
26-25 license holder's name and the legend "Licensed Kinesiotherapist."
26-26 (b) The kinesiotherapist board by rule may require that
26-27 formal documentation of kinesiotherapy services provided by a
27-1 kinesiotherapist, as determined to be necessary and appropriate by
27-2 the kinesiotherapist board, must include the license holder's seal
27-3 affixed to the document.
27-4 (c) If the kinesiotherapist board exercises the authority
27-5 granted by this section, the rules adopted by the kinesiotherapist
27-6 board must permit a kinesiotherapist providing services in a
27-7 facility licensed under the Health and Safety Code, for an agency
27-8 of a local, state, or federal government, or in other circumstances
27-9 as the kinesiotherapist board determines reasonable and necessary,
27-10 to satisfy the requirements of Subsection (b) by maintaining a
27-11 facsimile of the seal of the license holder on file with the
27-12 facility or agency. The facsimile of the seal of the license
27-13 holder must be maintained on file at all times during which the
27-14 license holder provides services at the facility or agency.
27-15 (d) It is unlawful for a person to affix a seal on any
27-16 document if the person's license has expired or has been suspended
27-17 or revoked, unless the license is renewed or reissued.
27-18 (e) A violation of this section or of the rules adopted by
27-19 the kinesiotherapist board under this section are grounds for
27-20 disciplinary action by the kinesiotherapist board under Subchapter
27-21 I.
27-22 (Sections 456.354-456.400 reserved for expansion
27-23 SUBCHAPTER I. DISCIPLINARY PROCEEDINGS AND PROHIBITED ACTS
27-24 Sec. 456.401. GROUNDS FOR DISCIPLINARY ACTION. The
27-25 kinesiotherapist board shall revoke or suspend a license, place on
27-26 probation a person whose license has been suspended, or reprimand a
27-27 license holder for:
28-1 (1) a violation of this chapter; or
28-2 (2) a violation of a rule or code of ethics adopted by
28-3 the kinesiotherapist board.
28-4 Sec. 456.402. CERTAIN PROHIBITED CONDUCT. (a) A person who
28-5 is licensed under this chapter may not use massage, heat, cold,
28-6 air, light, electricity, or sound in providing treatment.
28-7 (b) A person who is licensed under this chapter may not
28-8 treat pain, other than through the use of kinesiological principles
28-9 and education, to prevent the exacerbation or aggravation of
28-10 existing symptoms.
28-11 (c) A person may not practice kinesiotherapy other than
28-12 through the referral of a physician licensed under Subtitle B.
28-13 Sec. 456.403. ADMINISTRATIVE PROCEDURE. (a) If the
28-14 kinesiotherapist board proposes to suspend or revoke a person's
28-15 license, the person is entitled to a hearing before the
28-16 kinesiotherapist board.
28-17 (b) A proceeding for the suspension or revocation of a
28-18 license is governed by Chapter 2001, Government Code.
28-19 (c) A member or employee of the kinesiotherapist board or an
28-20 employee of the department who carries out the functions of the
28-21 kinesiotherapist board may not communicate directly or indirectly
28-22 with a party to a proceeding pending before the kinesiotherapist
28-23 board or with the party's representative, unless notice and an
28-24 opportunity to participate are given to each party to the
28-25 proceeding, if the member or employee proposes to make a decision,
28-26 a finding of fact, or a conclusion of law in the proceeding.
28-27 Sec. 456.404. INFORMAL PROCEEDINGS. (a) The
29-1 kinesiotherapist board by rule shall adopt procedures governing:
29-2 (1) informal disposition of a contested case under
29-3 Section 2001.056, Government Code; and
29-4 (2) informal proceedings held in compliance with
29-5 Section 2001.054, Government Code.
29-6 (b) Rules adopted under this section must provide the
29-7 complainant and the license holder an opportunity to be heard and
29-8 must require the presence of a representative of the attorney
29-9 general or the kinesiotherapist board's legal counsel to advise the
29-10 kinesiotherapist board or the kinesiotherapist board's employees.
29-11 Sec. 456.405. PROBATION. If a license suspension is
29-12 probated, the kinesiotherapist board may require the license holder
29-13 to:
29-14 (1) report regularly to the kinesiotherapist board on
29-15 matters that are the basis of the probation;
29-16 (2) limit practice to the areas prescribed by the
29-17 kinesiotherapist board; or
29-18 (3) continue or review continuing professional
29-19 education until the license holder attains a level of skill
29-20 satisfactory to the kinesiotherapist board in those areas that are
29-21 the basis of the probation.
29-22 Sec. 456.406. SCHEDULE OF SANCTIONS. The schedule of
29-23 sanctions adopted by the kinesiotherapist board by rule shall be
29-24 used by the State Office of Administrative Hearings for any
29-25 sanction imposed as the result of a hearing conducted by that
29-26 office.
29-27 (Sections 456.407-456.450 reserved for expansion
30-1 SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS
30-2 Sec. 456.451. MONITORING OF LICENSE HOLDER. The
30-3 kinesiotherapist board shall develop a system for monitoring a
30-4 license holder's compliance with the requirements of this chapter.
30-5 Rules adopted under this section must include procedures to:
30-6 (1) monitor for compliance a license holder who is
30-7 ordered by the kinesiotherapist board to perform certain acts; and
30-8 (2) identify and monitor license holders who represent
30-9 a risk to the public.
30-10 Sec. 456.452. CRIMINAL PENALTY. (a) A person licensed
30-11 under this chapter commits an offense if the person knowingly or
30-12 intentionally violates Section 456.251 or 456.402.
30-13 (b) A person commits an offense if the person uses a seal
30-14 authorized by the kinesiotherapist board for use under this chapter
30-15 without holding a license under this chapter.
30-16 (c) An offense under this section is a Class B misdemeanor.
30-17 SECTION 2. (a) In making the initial appointments to the
30-18 Texas State Board of Examiners of Kinesiotherapists, the governor
30-19 shall appoint:
30-20 (1) three members for terms expiring September 1,
30-21 2003;
30-22 (2) three members for terms expiring September 1,
30-23 2005; and
30-24 (3) three members for terms expiring September 1,
30-25 2007.
30-26 (b) A person appointed under this section who is required to
30-27 be licensed under Chapter 456, Occupations Code, as added by this
31-1 Act, must obtain the required license not later than March 1, 2002.
31-2 (c) A kinesiotherapist eligible for appointment as a
31-3 kinesiotherapist board member on or after September 1, 2005, must
31-4 have been licensed as a kinesiotherapist under Chapter 456,
31-5 Occupations Code, as added by this Act, for at least three years
31-6 before the date of appointment to the kinesiotherapist board.
31-7 (d) A person actively engaged in the practice of
31-8 kinesiotherapy consistent with applicable law on or before January
31-9 1, 2001, shall receive a license as a kinesiotherapist under
31-10 Chapter 456, Occupations Code, as added by this Act, without
31-11 examination if the person applies before September 1, 2003, and the
31-12 person submits proof satisfactory to the kinesiotherapist board
31-13 that the person, as of the effective date of this Act, has met all
31-14 of the other requirements established by Chapter 456, Occupations
31-15 Code, as added by this Act, for issuance of a license.
31-16 SECTION 3. (a) Except as provided by Subsection (b) of this
31-17 section, this Act takes effect September 1, 2001.
31-18 (b) Sections 456.251 and 456.452, Occupations Code, as added
31-19 by this Act, take effect September 1, 2003.