reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter A. General Provisions › Section 453.001. Definitions

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(8)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.26(1), eff. September 1, 2019.
(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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.26(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter A. General Provisions › Section 453.002. Application of Sunset Act

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, 2033.
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 (H.B. 3249), Sec. 4.06, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 3.08, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.01, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.08, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter A. General Provisions › Section 453.003. Conflict With Other Law

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter A. General Provisions › Section 453.005. Practice of Physical Therapy

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter A. General Provisions › Section 453.006. Practice of Medicine

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.051. Board Membership

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.052. Purpose of Board

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.053. Public Member Eligibility

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.054. Membership Restrictions

Sec. 453.054.  MEMBERSHIP RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide 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)  A person may not be a member of the board if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(c)  A person may not be 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.055. Terms; Vacancy

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.056. Grounds for Removal

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 taking office 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)  is ineligible for membership under Section 453.053 or 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 without an excuse approved by a 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 potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the coordinator shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.03, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.057. Per Diem Reimbursement

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.058. Officers

Sec. 453.058.  OFFICERS.  (a)  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.
(b)  After the appointment of members every two years, the members of the board shall elect from among its members a secretary and other officers required to conduct the business of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.04, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.059. Meetings

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.060. Training

Sec. 453.060.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board and executive council operations;
(2)  the programs, functions, rules, and budgets of the board and executive council;
(3)  the scope of and limitations on the rulemaking authority of the board and executive council;
(4)  the types of board and executive council rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business regulated by the board, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons engaged in a profession or business regulated by the board;
(B)  restrict advertising by persons engaged in a profession or business regulated by the board;
(C)  affect the price of goods or services provided by persons engaged in a profession or business regulated by the board; or
(D)  restrict participation in a profession or business regulated by the board;
(5)   the results of the most recent formal audit of the board and executive council;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the person's attendance at the program occurs before or after the person qualifies for office.
(d)  The director of the executive council shall create a training manual that includes the information required by Subsection (b).  The director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the director a statement acknowledging receipt of the training manual.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.05, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter B. Texas Board of Physical Therapy Examiners › Section 453.061. Civil Liability

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.101. General 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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.102. Rules

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.103. Rules Regarding Advertising or Competitive Bidding

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.104. Fees

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.105. Employees; Division of Responsibilities

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 separate the policymaking responsibilities of the board and the management responsibilities of the director and staff of the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.06, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.106. List of License Holders

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.1061. Place of Employment

Sec. 453.1061.  PLACE OF EMPLOYMENT.  The board may require that a license holder provide current information in a readily accessible and usable format regarding the license holder's place of employment as a physical therapist or physical therapist assistant.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.07, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.107. Board Duties Regarding Complaints

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.108. Prosecuting Violations

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter C. Powers and Duties › Section 453.109. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 453.109.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop a policy to encourage the use of:
(1)  negotiated rulemaking under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.07, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 453.151. Public Interest Information

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.
(c)  Information maintained by the executive council or the board under this chapter regarding the home address or personal telephone number of a person licensed under this chapter is confidential and not subject to disclosure under Chapter 552, Government Code.  A person licensed under this chapter must provide the board with a business address or address of record that will be subject to disclosure under Chapter 552, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 867 (H.B. 588), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.08, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 453.152. Complaints

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 453.153. Record of Complaints

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 453.154. General Rules Involving Complaint Investigation and Disposition

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 staff of the executive council 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.09, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter D. Public Interest Information and Complaint Procedures › Section 453.155. Public Participation

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.201. License Required; Use of Title

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," "DPT," "MPT," 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 474 (S.B. 1099), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.202. License Application

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 a nonrefundable application fee prescribed by the executive council.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.26(2), eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.11, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.26(2), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.203. Qualifications for Physical Therapist or Physical Therapist Assistant License

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 program equivalent to a Commission on Accreditation in Physical Therapy Education accredited program.
(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.
(c)  A physical therapy educational program or physical therapist assistant program is an accredited program if the program is accredited by the Commission on Accreditation in Physical Therapy Education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.12, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.204. Foreign-Trained Applicants

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 completion of requirements substantially equal to those under Section 453.203.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.13, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.205. License Examination

Sec. 453.205.  LICENSE EXAMINATION.  (a)  The board by rule shall recognize a national testing entity to administer the examination required to obtain a physical therapist or physical therapist assistant license.
(b)  The physical therapist examination is a national examination that tests entry-level competence related to physical therapy theory, examination and evaluation, prognosis, treatment intervention, prevention, and consultation.
(c)  The physical therapist assistant examination is a national examination that tests for required knowledge and skills in the technical application of physical therapy services.
(d)  An applicant for a license must agree to comply with the security and copyright provisions of the national examination.  If the board has knowledge of a violation of the security or copyright provisions or a compromise or attempted compromise of the provisions, the board shall report the matter to the testing entity.
(e)  The board may disqualify an applicant from taking or retaking an examination for a period specified by the board if the board determines that the applicant engaged or attempted to engage in conduct that compromises or undermines the integrity of the examination process, including a violation of security or copyright provisions related to the national examination.
(f)  If the board enters into a contract with a national testing entity under Subsection (a), the contract must include a provision requiring the national testing entity to provide to the board an examination score report for each applicant for a license under this chapter who took the examination.
(g)  The board may require an applicant for a physical therapist or physical therapist assistant license to pass a jurisprudence examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.207. Reexamination

Sec. 453.207.  REEXAMINATION.  (a)  An applicant who fails to pass an examination under Section 453.205 may retake the examination under the policies of the national testing entity.
(b)   Before retaking an examination, the applicant must:
(1)  submit to the board a reexamination application prescribed by the board; and
(2)  pay a nonrefundable application fee prescribed by the executive council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.208. Issuance of License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.209. Provisional License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.210. Temporary License

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.211. Inactive Status

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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.212. Display of License

Sec. 453.212.  DISPLAY OF LICENSE.  A license holder under this chapter shall display the license holder's license 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 867 (H.B. 588), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.214. License by Endorsement

Sec. 453.214.  LICENSE BY ENDORSEMENT.  (a)  The board shall issue a physical therapist license or a physical therapist assistant license, as applicable, to an applicant who holds a current, unrestricted license in another jurisdiction that maintains licensing requirements that are substantially equivalent to the requirements under this chapter.  An applicant for a 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 jurisdiction;
(2)  provide to the board information regarding the status of any other professional license that the applicant holds or has held in this state or another jurisdiction;
(3)  present proof to the board that the applicant has passed a jurisprudence examination required by the board;
(4)  meet the qualifications required by Section 453.203 or 453.204, as applicable;
(5)  not have committed an act that is grounds for denial of a license under Section 453.351;
(6)  submit to the board a current photograph that meets the requirements for a United States passport; and
(7)  meet any additional requirements provided by board rule.
(b)  The board shall adopt rules for issuing a provisional license under Section 453.209 to an applicant for a license by endorsement who encounters a delay that is outside the applicant's control in submitting to the board the documentation required by this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter E. License Requirements › Section 453.215. Criminal History Record Information for License Issuance

Sec. 453.215.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE ISSUANCE.  (a)  The board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The board shall conduct a criminal history record information check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
Added by Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle H - Professions Related to Certain Types of Therapy › Chapter 453 - Physical Therapists › Subchapter F. License Renewal › Section 453.251. License Expiration

Sec. 453.251.  LICENSE EXPIRATION.  (a)  A physical therapist or physical therapist assistant license expires on the later of:
(1)  the second anniversary of the date the license is issued; or
(2)  another date determined by the board.
(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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 535 (S.B. 317), Sec. 2.17, eff. September 1, 2017.