CHAPTER 453. PHYSICAL THERAPISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 453. PHYSICAL THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 453.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Physical Therapy Examiners.
(2) "Coordinator of physical therapy programs" is the person
employed in that position under Section 452.101.
(3) "Executive council" means the Executive Council of Physical
Therapy and Occupational Therapy Examiners.
(4) "Physical therapist" means a person who is licensed by the
board as a physical therapist and practices physical therapy. The
term includes a hydrotherapist, physiotherapist,
mechano-therapist, functional therapist, physical therapy
practitioner, physical therapist specialist, physical therapy
specialist, physiotherapy practitioner, kinesiotherapist,
physical rehabilitation specialist, and myofunctional therapist.
(5) "Physical therapist assistant" means a person licensed by
the board as a physical therapist assistant:
(A) who assists and is supervised by a physical therapist in the
practice of physical therapy; and
(B) whose activities require an understanding of physical
therapy.
(6) "Physical therapy" means a form of health care that
prevents, identifies, corrects, or alleviates acute or prolonged
movement dysfunction or pain of anatomic or physiologic origin.
(7) "Physical therapy aide" or "physical therapy technician"
means a person:
(A) who aids in the practice of physical therapy under the
on-site supervision of a physical therapist or a physical
therapist assistant; and
(B) whose activities require on-the-job training.
(8) "Physical therapy facility" means a physical site, including
a building, office, or portable facility, where the practice of
physical therapy takes place.
(9) "Referring practitioner" means a qualified licensed health
care professional who, within the scope of professional
licensure, may refer a person for health care services. The term
includes:
(A) a physician licensed to practice medicine by a state board
of medical examiners;
(B) a dentist licensed by a state board of dental examiners;
(C) a chiropractor licensed by a state board of chiropractic
examiners; and
(D) a podiatrist licensed by a state board of podiatric medical
examiners.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
Physical Therapy Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the board is abolished and this chapter
expires September 1, 2013.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.07, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.06, eff. June 15, 2007.
Sec. 453.003. CONFLICT WITH OTHER LAW. To the extent of any
conflict between this chapter and Chapter 452, Chapter 452
controls.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.004. EFFECT OF CHAPTER; APPLICABILITY. (a) This
chapter does not restrict the holder of a license issued by
another state agency from performing health care services within
the scope of the applicable licensing act if the license holder:
(1) does not represent to another that the license holder is a
physical therapist;
(2) does not violate Sections 453.201(a) and (c) and 453.304;
and
(3) practices strictly in conformity with the statutes and rules
relating to the license holder's license.
(b) This chapter does not apply to:
(1) a physical therapy aide;
(2) a physical therapy student or physical therapist assistant
student:
(A) participating in an accredited physical therapy or physical
therapist assistant educational program; and
(B) being supervised by a license holder under this chapter;
(3) a student:
(A) participating in an accredited allied health science program
leading to licensure by another state agency; and
(B) being supervised by properly licensed, certified, or
registered personnel;
(4) a physical therapist who is licensed in another jurisdiction
of the United States if the person is engaging, for not more than
90 days in a 12-month period and under the supervision of a
physical therapist licensed in this state, in a special project
or clinic required for completion of a post-professional degree
in physical therapy from an accredited college or university, and
the person notifies the board of the person's intent to practice
in this state; or
(5) a person who practices physical therapy or as a physical
therapy assistant and who is:
(A) practicing physical therapy in the United States armed
services, United States Public Health Service, or Veterans
Administration in compliance with federal regulations for
licensure of health care providers;
(B) licensed in another jurisdiction of the United States or
credentialed to practice physical therapy in another country if
the person:
(i) is teaching, demonstrating, or practicing physical therapy
in an educational seminar in this state for not more than 60 days
in a 12-month period, and the person notifies the board of the
person's intent to practice in this state; or
(ii) by contract or employment, is practicing physical therapy
in this state for not more than 60 days in a 12-month period for
an athletic team or organization or a performing arts company
temporarily competing or performing in this state; or
(C) licensed in another jurisdiction of the United States, if
the person notifies the board of the person's intent to practice
in this state, and:
(i) is practicing physical therapy for not more than 60 days
during a declared local, state, or national disaster or
emergency; or
(ii) is displaced from the person's residence or place of
employment due to a declared local, state, or national disaster
and is practicing physical therapy in this state for not more
than 60 days after the date the disaster is declared.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1188, Sec. 1, eff. June 19, 2009.
Sec. 453.005. PRACTICE OF PHYSICAL THERAPY. (a) The practice
of physical therapy requires that a person practicing have
education, training, and experience in physical therapy.
(b) The practice of physical therapy includes:
(1) measurement or testing of the function of the
musculoskeletal, neurological, pulmonary, or cardiovascular
system;
(2) rehabilitative treatment concerned with restoring function
or preventing disability caused by illness, injury, or birth
defect;
(3) treatment, consultative, educational, or advisory services
to reduce the incidence or severity of disability or pain to
enable, train, or retrain a person to perform the independent
skills and activities of daily living; and
(4) delegation of selective forms of treatment to support
personnel while a physical therapist retains the responsibility
for caring for the patient and directing and supervising the
support personnel.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.006. PRACTICE OF MEDICINE. (a) A person may not
engage in diagnosing diseases or in practicing medicine as
defined by law on the basis of a license issued under this
chapter.
(b) A person may not use an affix indicating or implying that
the person is a physician on the basis of a license issued under
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Sec. 453.051. BOARD MEMBERSHIP. (a) The Texas Board of
Physical Therapy Examiners consists of nine members appointed by
the governor with the advice and consent of the senate as
follows:
(1) six physical therapist members; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, creed, sex, religion, disability, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.052. PURPOSE OF BOARD. The board shall regulate the
practice of physical therapy in this state to safeguard the
public health and welfare.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.053. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the executive
council or board or receiving funds from the executive council or
board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the executive council or board or receiving funds
from the executive council or board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the executive council or board, other
than compensation or reimbursement authorized by law for
executive council or board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.054. MEMBERSHIP RESTRICTIONS. (a) In this section,
"Texas trade association" means a nonprofit, cooperative, and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) An officer, employee, or paid consultant of a Texas trade
association in the field of health care may not be a member of
the board.
(c) A person who is the spouse of an officer, manager, or paid
consultant of a Texas trade association in the field of health
care may not be a member of the board.
(d) A person may not serve as a member of the board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.055. TERMS; VACANCY. (a) Members of the board serve
staggered six-year terms with the terms of two physical therapist
members and one public member expiring January 31 of each
odd-numbered year.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired part of the
term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the qualifications
required by Section 453.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 453.051(a);
(3) violates a prohibition established by Section 453.054;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the coordinator of physical therapy programs has
knowledge that a potential ground for removal exists, the
coordinator shall notify the presiding officer of the board of
the ground. The presiding officer shall then notify the governor
that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.057. PER DIEM REIMBURSEMENT. (a) A member of the
board is entitled to a per diem as set by the General
Appropriations Act for each day the member engages in the
business of the board.
(b) A member may receive reimbursement for meals, lodging, and
transportation expenses as provided by the General Appropriations
Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.058. OFFICERS. After the appointment of members every
two years, the members of the board shall elect from among its
members a presiding officer, secretary, and other officers
required to conduct the business of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.059. MEETINGS. (a) A special meeting of the board:
(1) may be called jointly by the presiding officer and
secretary; or
(2) shall be called on the written request of any two members.
(b) The secretary shall keep a record of each meeting of the
board. The record shall be open to public inspection at all
times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.060. TRAINING. (a) Before a member of the board may
assume the member's duties, the member must complete at least a
course of the training program established by the board under
this section.
(b) A training program shall provide information to a
participant regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of Chapters 551, 552, 2001, and 2002,
Government Code;
(8) the requirements of the conflict of interest laws and other
laws relating to public officials; and
(9) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) In developing the training requirements provided for by this
section, the board shall consult with the governor's office, the
attorney general's office, and the Texas Ethics Commission.
(d) If another state agency or entity is given the authority to
establish the training requirements, the board shall allow that
training instead of developing its own program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.061. CIVIL LIABILITY. A member of the board is not
liable in a civil action for an act performed in good faith in
executing duties as a board member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 453.101. GENERAL POWERS AND DUTIES. Except as provided by
Chapter 452, the board shall administer and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.102. RULES. (a) The board may adopt rules necessary
to implement this chapter.
(b) The board may adopt bylaws and rules necessary to govern its
proceedings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.103. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit false, misleading, or deceptive
practices by the person.
(b) The board may not include in rules to prohibit false,
misleading, or deceptive practices a rule that:
(1) restricts the person's use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.104. FEES. (a) The board may recommend to the
executive council reasonable and necessary fees for licenses
issued or services performed under this chapter that in the
aggregate produce sufficient revenue to cover the cost of
administering this chapter.
(b) The board may not recommend to the executive council a fee
that existed on September 1, 1993, for an amount less than the
amount of that fee on that date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.105. EMPLOYEES; DIVISION OF RESPONSIBILITIES. (a) The
board may request the executive council to assign administrative
and clerical employees as necessary to carry out the board's
functions.
(b) The board shall develop and implement policies that clearly
define the respective responsibilities of the board and the staff
of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.106. LIST OF LICENSE HOLDERS. (a) The secretary shall
maintain a list of the names of each physical therapist licensed
under this chapter.
(b) The list shall be open to public inspection at all times.
(c) On March 1 of each year, the coordinator of physical therapy
programs shall transmit an official copy of the list to the
executive council.
(d) A certified copy of the list of license holders is
admissible as evidence in a court of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.209(a), eff.
Sept. 1, 2001.
Sec. 453.107. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.108. PROSECUTING VIOLATIONS. The board shall assist
the proper legal authorities in prosecuting a person who violates
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.109. ANNUAL REPORT. Not later than January 1 of each
year, the board shall submit to the governor and the presiding
officer of each house of the legislature a complete and detailed
written report accounting for all funds received and disbursed by
the board during the preceding year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 453.151. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.152. COMPLAINTS. A license holder shall at all times
prominently display in the license holder's place of business a
sign containing:
(1) the board's name, mailing address, and telephone number; and
(2) a statement informing consumers that a complaint against a
license holder can be directed to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.153. RECORD OF COMPLAINTS. (a) The board shall keep
an information file about each complaint filed with the executive
council and referred to the board. The board's information file
must be kept current and contain a record for each complaint of:
(1) each person contacted in relation to the complaint;
(2) a summary of findings made at each step of the complaint
process;
(3) an explanation of the legal basis and reason for a complaint
that is dismissed;
(4) the schedule required under Section 453.154 and a notation
about a change in the schedule; and
(5) other relevant information.
(b) If a written complaint is received by the board that the
board has authority to resolve, the board, at least quarterly and
until final disposition of the complaint, shall notify the
parties to the complaint of the status of the complaint unless
notice would jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.154. GENERAL RULES INVOLVING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules relating to
the investigation of a complaint received by the board. The rules
shall:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint;
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator;
and
(6) require the board to advise the executive council of
complaints that have been disposed of.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the
investigation of a complaint that is under the control of the
board not later than the 30th day after the date the board
receives the complaint.
(c) Each party shall be notified of the projected time
requirements for the complaint.
(d) Each party to the complaint must be notified of a change in
the schedule not later than the seventh day after the date the
change is made.
(e) The coordinator of physical therapy programs shall notify
the board of a complaint that is unresolved after the time
prescribed by the board for resolving the complaint so that the
board may take necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.155. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. LICENSE REQUIREMENTS; REGISTRATION OF FACILITIES
Sec. 453.201. LICENSE REQUIRED; USE OF TITLE. (a) A person may
not practice physical therapy or practice as a physical therapist
assistant, unless the person is an individual who holds a license
issued by the board.
(b) A person, including the person's employee or other agent or
representative, may not extend or provide physical therapy
services unless the services are provided by a physical
therapist.
(c) A person is considered to be practicing physical therapy if
the person:
(1) performs, offers to perform, or attempts to perform physical
therapy; or
(2) publicly professes to be or holds the person out to be a
physical therapist or as providing physical therapy.
(d) Unless the person is a physical therapist, a person,
including the person's employee or other agent or representative,
may not use in connection with the person's name or business
activity:
(1) the words "physical therapy," "physical therapist,"
"physiotherapy," "physiotherapist," "licensed physical
therapist," "registered physical therapist," or "physical
therapist assistant";
(2) the letters "PT," "PhT," "LPT," "RPT," or "PTA"; or
(3) any other words, letters, abbreviations, or insignia
indicating or implying, by any means or in any way, that physical
therapy is provided or supplied.
(e) A person may not use the title "Physical Therapist" unless
the person is a physical therapist.
(f) A person may not use the title "Physical Therapist
Assistant" unless the person is a physical therapist assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.2095, eff.
Sept. 1, 2001.
Sec. 453.202. LICENSE APPLICATION. (a) An applicant for a
physical therapist license or a physical therapist assistant
license must submit to the board a written application on a form
provided by the board.
(b) The application must be accompanied by:
(1) an examination fee prescribed by the board; and
(2) a nonrefundable application fee prescribed by the board.
(c) The examination fee under Subsection (b)(1) is refundable if
the applicant does not take the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.203. QUALIFICATIONS FOR PHYSICAL THERAPIST OR PHYSICAL
THERAPIST ASSISTANT LICENSE. (a) An applicant for a physical
therapist license must, in addition to other requirements and
qualifications established by the board, present:
(1) evidence satisfactory to the board that the applicant has
completed an accredited physical therapy educational program; or
(2) official documentation from an educational credentials
review agency approved by the board certifying that the applicant
has completed:
(A) a program equivalent to a Commission on Accreditation of
Physical Therapy Education accredited program; and
(B) at least 60 academic semester credits or the equivalent from
an accredited institution of higher education.
(b) An applicant for a physical therapist assistant license
must, in addition to other requirements and qualifications
established by the board, present evidence satisfactory to the
board that the applicant has completed an accredited physical
therapist assistant program or an accredited physical therapy
educational program, including courses in the anatomical,
biological, and physical sciences, and clinical procedures
prescribed and approved by the board.
(c) A physical therapy educational program or physical therapist
assistant program is an accredited program if the program is:
(1) accredited by the Commission on Accreditation in Physical
Therapy Education; and
(2) associated with an institution of higher education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.204. FOREIGN-TRAINED APPLICANTS. (a) To obtain a
license under this chapter, an applicant who is foreign-trained
must satisfy the examination requirements of Section 453.208.
(b) Before allowing a foreign-trained applicant to take the
examination, the board shall require the applicant to furnish
proof of:
(1) good moral character; and
(2) completion of requirements substantially equal to those
under Section 453.203.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.205. LICENSE EXAMINATION. (a) The board shall examine
applicants for licenses at least once each year at a reasonable
place and time designated by the board.
(b) The examination must cover the subjects generally taught by
an accredited physical therapy educational program or an
accredited physical therapist assistant program and may include
clinical decision-making and evaluation, treatment program
planning and implementation, and administration, education,
consultation, and research in physical therapy.
(c) The board by rule may establish a procedure for
administering the examination, including the conditions under
which and the number of times an applicant may retake an
examination.
(d) The board shall have any written portion of the examination
validated by an independent testing entity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.206. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of the examination not later than
the 30th day after the day on which the examination is
administered. If an examination is graded or reviewed by a
national testing service, the board shall notify each examinee of
the results of the examination not later than the 14th day after
the day on which the board receives the results from the testing
service.
(b) If the notice of the examination results graded or reviewed
by a national testing service will be delayed for longer than 90
days after the examination date, the board shall notify each
examinee of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails a licensing
examination, the board shall furnish the person with an analysis
of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.207. REEXAMINATION. (a) An applicant who fails to
pass a one-part examination or a part of a divided examination
may take another one-part examination or the part of the divided
examination that the applicant failed on payment of an additional
examination fee.
(b) If an applicant fails to pass a second or subsequent
examination, the board shall require the applicant to complete an
additional course of study designated by the board. Before taking
a subsequent examination, the applicant must:
(1) present to the board satisfactory evidence that the
applicant has completed the required course of study; and
(2) pay an additional fee equal to the amount of the fee
required for filing the original application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.208. ISSUANCE OF LICENSE. (a) The board shall issue a
license to an applicant who:
(1) passes the examination under Section 453.205;
(2) meets the qualifications prescribed by Section 453.203; and
(3) has not committed an act that constitutes a ground for
denial of a license under Section 453.351.
(b) The board may issue a physical therapist assistant license
to a person who has not completed an accredited physical
therapist assistant program if the person:
(1) meets the requirements under Section 453.203(a); and
(2) has not been the subject of disciplinary action in another
state or nation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.209. PROVISIONAL LICENSE. (a) The board may issue a
provisional license to an applicant licensed in another state
that maintains professional standards considered by the board to
be equivalent to and has licensing requirements that are
substantially equivalent to the requirements under this chapter.
An applicant for a provisional license under this section must:
(1) present proof to the board that the applicant is licensed in
good standing as a physical therapist or physical therapist
assistant in that state;
(2) have passed a national examination or other examination
recognized by the board relating to the practice of physical
therapy; and
(3) be sponsored by a person licensed under this chapter with
whom the provisional license holder may practice.
(b) The board may waive the requirement of Subsection (a)(3) for
an applicant if the board determines that compliance with that
requirement constitutes a hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a physical therapist or physical therapist assistant license.
(d) The board shall issue a physical therapist or physical
therapist assistant license to the provisional license holder if:
(1) the provisional license holder passes a jurisprudence
examination, if required;
(2) the board verifies that the provisional license holder has
the academic and experience requirements for a physical therapist
or physical therapist assistant license; and
(3) the provisional license holder satisfies any other
requirements for a physical therapist or physical therapist
assistant license.
(e) The board must complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the provisional license is issued. The
board may extend that deadline if the results on an examination
have not been received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.210. TEMPORARY LICENSE. (a) The board by rule may
provide for the issuance of a temporary license.
(b) The holder of a temporary license must practice under the
supervision of a physical therapist.
(c) A rule adopted under this section must include a time limit
for a person to hold a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.211. INACTIVE STATUS. (a) The board by rule may
provide for a license holder to place the holder's license under
this chapter on inactive status.
(b) A rule adopted under this section must include a time limit
for a license holder's license to remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.212. DISPLAY OF LICENSE AND RENEWAL CERTIFICATE. A
license holder under this chapter shall display the license
holder's license and renewal certificate in a conspicuous place
in the principal office in which the license holder practices
physical therapy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.213. PHYSICAL THERAPY FACILITY REGISTRATION. (a) The
board by rule shall adopt requirements for the registration and
renewal of a registration of a physical therapy facility. A
facility licensed under Subtitle B, Title 4, Health and Safety
Code, is exempt from the registration requirements under this
section.
(b) If a person owns more than one physical therapy facility,
the board may require the person to make only one application for
the registration of all facilities.
(c) In accordance with Section 453.004, a rule adopted under
this section may not prohibit a license holder from practicing in
a physical therapy facility within the scope of the license
holder's license.
(d) A physical therapy facility must be under the direction of a
physical therapist and meet any other requirements established by
the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE RENEWAL
Sec. 453.251. LICENSE EXPIRATION. (a) A physical therapist or
physical therapist assistant license expires on the second
anniversary of the date the license is issued.
(b) The board may adopt a system under which licenses expire on
various dates during the year. For the term in which the license
expiration date is changed, license fees shall be prorated on a
monthly basis so that each license holder pays only that portion
of the license fee that is allocable to the number of months
during which the license is valid. On renewal of the license on
the new expiration date, the total license renewal fee is
payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.252. RENEWAL OF LICENSE. (a) A person may renew an
unexpired license by paying the required renewal fee to the
executive council before the expiration date of the license.
(b) A person whose license has been expired for 90 days or less
may renew the license by paying to the executive council the
renewal fee and a fee that is equal to half of the amount charged
for examination for the license. If a person's license has been
expired for more than 90 days but less than one year, the person
may renew the license by paying to the executive council all
unpaid renewal fees and a fee that is equal to the amount charged
for examination for the license.
(c) A person whose license has been expired for one year or
longer may not renew the license. The person may obtain a new
license by submitting to reexamination and complying with the
requirements and procedures for obtaining an original license.
(d) At least 30 days before the expiration of a person's
license, the executive council shall send written notice of the
impending license expiration to the person at the person's last
known address according to the records of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without reexamination the
license of a person who was licensed to practice as a physical
therapist or physical therapist assistant in this state, moved to
another state, and is currently licensed and has been in practice
in the other state for the two years preceding application.
(b) The person must pay to the executive council a fee that is
equal to the examination fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.254. CONTINUING COMPETENCE. (a) The board by rule
shall:
(1) adopt requirements for continuing competence for license
holders in subjects pertaining to the practice of physical
therapy;
(2) establish a minimum number of continuing competence units
required to renew a license; and
(3) develop a process to approve continuing competence
activities.
(b) The board may require license holders to complete continuing
competence activities specified by the board. The board shall
adopt a procedure to assess a license holder's participation and
performance in continuing competence activities.
(c) The board may identify the key factors for the competent
performance by a license holder of the license holder's
professional duties.
(d) In developing a process under Subsection (a) for the
approval of continuing competence activities, the board may
authorize appropriate organizations to approve the activities.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.210(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1021, Sec. 1, eff. June 19, 2009.
SUBCHAPTER G. PRACTICE BY LICENSE HOLDER
Sec. 453.301. TREATING PATIENT UNDER PRIOR REFERRAL. (a) A
physical therapist may treat a patient for an injury or condition
that was the subject of a prior referral if the physical
therapist:
(1) has been licensed to practice physical therapy for at least
one year;
(2) notifies the referring practitioner of the therapy not later
than the fifth business day after the date therapy is begun;
(3) begins any episode of treatment before the first anniversary
of the referral by the referring practitioner;
(4) for physical therapy episodes subsequent to the episode
which was initiated by the referral, treats the patient for not
more than 20 treatment sessions or 30 consecutive calendar days,
whichever occurs first; and
(5) satisfies any other requirement set by the board.
(b) The physical therapist must confer with the referring
practitioner before the physical therapist may continue treatment
that exceeds treatment authorized under Subsection (a)(4).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.302. TREATING PATIENT WITHOUT REFERRAL. (a) In this
section:
(1) "Emergency circumstance" means an instance in which
emergency medical care is necessary.
(2) "Emergency medical care" means a bona fide emergency service
provided after the sudden onset of a medical condition
manifesting itself by acute symptoms of sufficient severity,
including severe pain, such that the absence of immediate medical
attention could reasonably be expected to result in:
(A) serious jeopardy to the patient's health;
(B) serious dysfunction of any bodily organ or part; or
(C) serious impairment to bodily functions.
(b) In an emergency circumstance, including a minor emergency, a
physical therapist may provide emergency medical care to a person
to the best of the therapist's ability without a referral from a
referring practitioner.
(c) A physical therapist may provide physical assessments or
instructions to an asymptomatic person without a referral from a
referring practitioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.303. PROHIBITED USE OF CERTAIN PROCEDURES. In
practicing physical therapy, a person may not use:
(1) roentgen rays or radium for a diagnostic or therapeutic
purpose; or
(2) electricity for a surgical purpose, including cauterization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this
chapter for an individual licensed by the board to violate
Section 102.001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.826, eff.
Sept. 1, 2001.
SUBCHAPTER H. DISCIPLINARY ACTION AND PROCEDURE
Sec. 453.351. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF
LICENSE HOLDER. (a) The board may deny a license or suspend or
revoke a license, place a license holder on probation, reprimand
a license holder, impose an administrative penalty, or otherwise
discipline a license holder if the applicant or license holder
has:
(1) except as provided by Section 453.301 or 453.302, provided
physical therapy to a person without a referral from a referring
practitioner;
(2) used drugs or intoxicating liquors to an extent that affects
the license holder's or applicant's professional competence;
(3) been convicted of a felony, including a finding or verdict
of guilty, an admission of guilt, or a plea of nolo contendere,
in this state or in any other state or nation;
(4) obtained or attempted to obtain a license by fraud or
deception;
(5) been grossly negligent in the practice of physical therapy
or in acting as a physical therapist assistant;
(6) been found to be mentally incompetent by a court;
(7) practiced physical therapy in a manner detrimental to the
public health and welfare;
(8) had a license to practice physical therapy revoked or
suspended or had other disciplinary action taken against the
license holder or applicant;
(9) had the license holder's or applicant's application for a
license refused, revoked, or suspended by the proper licensing
authority of another state or nation; or
(10) in the case of a physical therapist assistant, treated a
person other than under the direction of a physical therapist.
(b) The board shall revoke or suspend a license, place on
probation a person whose license has been suspended, or reprimand
a license holder for a violation of this chapter or a rule
adopted by the board.
(c) If a license suspension is probated, the board may require
the license holder to:
(1) report regularly to the board on matters that are the basis
of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review continuing professional education until
the license holder attains a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.352. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY
ACTION; SCHEDULE OF SANCTIONS. (a) A person whose application
for a license is denied is entitled to a hearing before the State
Office of Administrative Hearings if the applicant submits a
written request for a hearing to the board.
(b) A proceeding to take action under Section 453.351 or an
appeal from the proceeding is a contested case for the purposes
of Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall use the
schedule of sanctions adopted by the board by rule for a sanction
imposed as the result of a hearing conducted by the office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.353. SUBPOENAS. (a) The board may request or compel
by subpoena:
(1) the attendance of a witness for examination under oath; and
(2) the production for inspection or copying of evidence
relevant to an investigation of an alleged violation of this
chapter.
(b) If a person fails to comply with the subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(c) If the court determines that good cause exists for issuing
the subpoena, the court shall order the person to comply with the
subpoena. The court may punish for contempt a person who fails to
obey the court order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.354. TEMPORARY LICENSE SUSPENSION. (a) The board may
temporarily suspend a license issued under this chapter on an
emergency basis if the board, by at least a two-thirds vote,
determines from the evidence or information presented to the
board that the continued practice by the license holder
constitutes a continuing or imminent threat to the public health
or welfare.
(b) The board may suspend a license under this section without
notice or a hearing if, at the time the suspension is ordered, a
hearing on whether to institute disciplinary proceedings against
the license holder is scheduled to be held not later than the
14th day after the date of the temporary suspension.
(c) The board shall hold a second hearing on the license
suspension not later than the 60th day after the date the
temporary suspension was ordered. If the second hearing is not
held within the required time, the suspended license is
automatically reinstated.
(d) The board shall adopt rules that establish procedures and
standards for the temporary suspension of a license under this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.355. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE AFTER
DENIAL. (a) On application by the person, the board may reissue
a license to a person whose license has been revoked.
(b) An application to reinstate a revoked license:
(1) may not be made before the 180th day after the date the
revocation order became final; and
(2) must be made in the manner and form the board requires.
(c) On application by the person, the board may issue a license
to a person whose license application has been denied. The
application may not be made before the first anniversary of the
date of the denial.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.356. INFORMAL PROCEEDINGS. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) informal proceedings held in compliance with Section
2001.054, Government Code.
(b) A rule adopted under this section must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of the board's legal counsel or a
representative of the attorney general to advise the board or the
board's employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER I. ADMINISTRATIVE PENALTY
Sec. 453.401. IMPOSITION OF PENALTY. The board may impose an
administrative penalty on a person licensed or regulated under
this chapter or a facility registered under this chapter who
violates this chapter or a rule or order adopted under this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.402. AMOUNT OF PENALTY. (a) The amount of an
administrative penalty may not exceed $200 for each violation.
Each day a violation continues or occurs is a separate violation
for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and gravity of a
prohibited act; and
(B) the hazard or potential hazard created to the health,
safety, or economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.403. ADMINISTRATIVE PROCEDURE. (a) The board shall
adopt rules that establish procedures for assessing an
administrative penalty and that provide for notice and a hearing
for a license holder or facility administrator that may be
subject to a penalty under this subchapter.
(b) A proceeding under this subchapter is subject to Chapter
2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROCEDURES
Sec. 453.451. INJUNCTIVE RELIEF. The attorney general, a
district attorney, a county attorney, or any other person may
institute a proceeding to enforce this chapter, including a suit
to enjoin or restrain a person from practicing physical therapy
without complying with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.452. MONITORING OF LICENSE HOLDER. The board by rule
shall develop a system for monitoring a license holder's
compliance with this chapter. The rules must include procedures
for:
(1) monitoring for compliance a license holder who is ordered by
the board to perform a certain act; and
(2) identifying and monitoring each license holder who
represents a risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.453. CIVIL PENALTY. (a) A person found by a court to
have violated this chapter is liable to the state for a civil
penalty of $200 for each day the violation continues.
(b) A civil penalty may be recovered in a suit brought by the
attorney general, a district attorney, a county attorney, or any
other person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.454. RECOVERY OF COSTS AND FEES. A person other than
the attorney general, a district attorney, or a county attorney
who brings an action to enforce this chapter or for injunctive
relief may recover the person's court costs and attorney's fees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 453.455. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter.
(b) An offense under this section is a Class A misdemeanor.
(c) Each day of violation constitutes a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.