reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 337 - DISPLAY OF LICENSE › Section 337.1 - Display of License

Current through Reg. 49, No. 28; July 12, 2024
(a) The original
				license must be displayed in the licensee's principal place of
				practice.
(b) For physical therapy
				services provided through telehealth, home visits, or other non-traditional
				modes, the licensee must provide information on accessing the board's online
				license verification system.
(c)
				Displayed reproduction of the original license is unauthorized.
(d) Reproduction of the original license is
				authorized for institutional file purpose only.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 337 - DISPLAY OF LICENSE › Section 337.2 - Consumer Information Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) There shall at
				all times be prominently displayed in the place of business of each licensee a
				sign containing the name, mailing address, web address, and telephone number of
				the board and a statement informing consumers that complaints against licensees
				can be directed to the board.
(b) A
				consumer information sign shall be made readily available on the board's
				website.
(c) For physical therapy
				services provided through telehealth, home visits, or other non-traditional
				modes, the licensee must provide information as described in subsection (a) of
				this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 339 - FEES › Section 339.1 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees are set by the executive council and
				may be subject to change by the legislature.
(b) Fees paid to the board or executive
				council may be in the form of a personal check, cashier's check, money order,
				or other certified funds.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.1 - Requirements for Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Biennial
				renewal. Licensees are required to renew their licenses every two years by the
				end of their birth month. The Board will maintain a secure resource for
				verification of license status and expiration date on its website.
(b) Notification of impending license
				expiration. The board will send notification to each licensee at least 30 days
				prior to the license expiration date. The licensee is responsible for ensuring
				that the license is renewed, regardless of receipt of notification.
(c) General requirements. The renewal
				application is not complete until all required items are received by the board.
				The components required for license renewal are:
(1) a completed renewal application
				documenting completion of board-approved continuing competence activities, as
				described in §
										341.2
				of this title (relating to Continuing Competence Requirements);
(2) the renewal fee, and any late fees which
				may be due;
(3) a passing score on
				the jurisprudence examination;
(4)
				successful completion of a human trafficking prevention course approved by the
				executive commissioner of the Health and Human Services Commission (HHSC). The
				course must be a minimum of one contact hour in order to claim CCU credit;
				and
(5) a criminal history record
				report from the Department of Public Safety and the Federal Bureau of
				Investigation obtained through fingerprinting. A licensee is not required to
				submit fingerprints for the renewal of the license if the licensee has
				previously submitted fingerprints under:
(A)
				Section 329.1, for the initial issuance of the license; or
(B) Chapter 341, License Renewal as part of a
				prior license renewal or restoration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.2 - Continuing Competence Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Continuing competence is the ongoing acquisition and maintenance of the
				professional knowledge, skill, and ability of the PT or PTA through successful
				completion of educational and professional activities related to the physical
				therapy profession.
(b) All
				continuing competence activities submitted to satisfy renewal requirements must
				be board-approved by an organization selected by the board.
(c) For each biennial renewal, physical
				therapists must complete a total of 30 continuing competence units (CCUs);
				physical therapist assistants must complete a total of 20 CCUs. A CCU is the
				relative value assigned to continuing competence activities based on specific
				criteria developed by the Board.
(d) Continuing competence activities utilized
				to fulfill renewal requirements must be completed within the 24 months prior to
				the license expiration date.
(e)
				Licensees must maintain original continuing competence activity completion
				documents, as specified in §
									341.3
				of this title (relating to Qualifying Continuing Competence Activities), for
				four years after the license expiration date.
(f) All licensees must complete a
				board-approved jurisprudence assessment module as part of their total
				continuing competence requirement. The jurisprudence assessment module shall be
				assigned a CCU value and standard approval number by the board and shall
				include at a minimum the following components:
(1) The theoretical basis for ethical
				decision-making;
(2) APTA's Code of
				Ethics for the Physical Therapist and Guide for Professional Conduct, and the
				Guide for Conduct of the Physical Therapist Assistant and Standards of Ethical
				Conduct for the Physical Therapist Assistant;
(3) Legal standards of behavior (including
				but not limited to the Act and Rules of the board); and
(4) Application of content to real and/or
				hypothetical situations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.3 - Qualifying Continuing Competence Activities

Current through Reg. 49, No. 28; July 12, 2024
Licensees may select from a variety of activities to fulfill
				  the requirements for continuing competence. These activities include the
				  following:
(1) Continuing education
				(CE).
(A) Program content structure must be
				approved by the board-approved organization, or be offered by a provider
				accredited by that organization. Programs must meet the following criteria:
(i) Program content must be easily
				recognizable as pertinent to the physical therapy profession and in the areas
				of ethics, professional responsibility, clinical application, clinical
				management, behavioral science, science, or risk management.
(ii) The content must be identified by
				instructional level, i.e., basic, intermediate, advanced. Program objectives
				must be clearly written to identify the knowledge and skills the participants
				should acquire and be consistent with the stated instructional level.
(iii) The instructional methods related to
				the objectives must be identified and be consistent with the stated
				objectives.
(iv) Programs must be
				presented by a licensed health care provider, or by a person with appropriate
				credentials and/or specialized training in the field.
(v) Program providers are prohibited from
				self-promotion of programs, products, and/or services during the presentation
				of the program.
(vi) The
				participants must evaluate the program. A summary of these evaluations must be
				made available to the board-approved organization upon request.
(vii) Records of each licensee who
				participates in the program must be maintained for four years by the CE
				sponsor/provider and must be made available to the board-approved organization
				upon request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.5 - Waiver of Continuing Competence Units (CCUs)

Current through Reg. 49, No. 28; July 12, 2024
CCUs required for renewal of a license may be waived by the
				  board because of hardship for health and medical problems that prevent a
				  licensee from obtaining the CCUs. Waiver requests must be submitted prior to
				  license expiration. The license cannot be renewed until the waiver has been
				  approved by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.6 - License Restoration

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				reinstate a license that has been expired one year or more through the process
				of restoration if certain requirements are met.
(b) Duration. The original expiration date of
				a restored license will be adjusted so that the license will expire every two
				years at the end of the birth month of the licensee.
(c) Persons who are currently licensed in
				good standing in another state, district, or territory of the U.S. The
				requirements for restoration are:
(1) a
				completed restoration application form;
(2) a passing score on the jurisprudence
				examination;
(3) verification of
				Licensure from all states in which the applicant holds or has held a
				license;
(4) the restoration
				fee;
(5) successful completion of a
				human trafficking prevention course approved by the executive commissioner of
				the Health and Human Services Commission (HHSC). The course must be a minimum
				of one contact hour in order to claim CCU credit; and
(6) a criminal history record report from the
				Department of Public Safety and the Federal Bureau of Investigation obtained
				through fingerprinting. A licensee is not required to submit fingerprints for
				the renewal of the license if the licensee has previously submitted
				fingerprints under:
(A) Section 329.1, for
				the initial issuance of the license; or
(B) Chapter 341, License Renewal as part of a
				prior license renewal or restoration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.7 - Restrictions on License Renewal and Restoration

Current through Reg. 49, No. 28; July 12, 2024
The board will not renew a license if a licensee has
				  defaulted on court or attorney general's notice of child support. Upon receipt
				  of notification that a repayment agreement has been established, the license
				  shall be renewed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.8 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) Inactive status
				indicates the voluntary termination of the right or privilege to practice
				physical therapy in Texas. The Board may allow a licensee who is not actively
				engaged in the practice of physical therapy in Texas to inactivate the license
				instead of renewing it at time of renewal. A licensee may remain on inactive
				status for no more than six consecutive years.
(b) Requirements for initiation of inactive
				status. The components required to put a license on inactive status are:
(1) a signed renewal application form,
				documenting completion of board-approved continuing competence activities for
				the current renewal period, as described in §
										341.2
				of this title (relating to Continuing Competence Requirements);
(2) the inactive fee, and any late fees which
				may be due; and
(3) a passing score
				on the jurisprudence exam.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.9 - Retired Status; Performing Volunteer Charity Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Retired status means that a licensee is
				providing physical therapy services only in the domain of voluntary charity
				care.
(b) As used in the section:
(1) "voluntary charity care" means physical
				therapy services provided for no compensation as a volunteer of a charitable
				organization as defined in §
										84.003 of the Texas
				Civil Practice and Remedies Code. Charitable organizations include any bona
				fide charitable, religious, prevention of cruelty to children or animals, youth
				sports and youth recreational, neighborhood crime prevention or patrol, or
				educational organization (excluding fraternities, sororities, and secret
				societies), or other organization promoting the common good and general welfare
				for the people in a community, including these types of organizations with a
				§501(c)(3) or (4) exemption from federal income tax, some chambers of
				commerce, and volunteer centers certified by the Department of Public
				Safety.
(2) "compensation" means
				direct or indirect payment of anything of monetary value.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.20 - Licensees Serving as a Military Service Member

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Renewal. A licensee will be exempt from late fees and penalty if the individual
				establishes to the satisfaction of the board that failure to timely renew was
				because the individual was serving as a military service member.
(b) Continuing competence units (CCUs). A
				licensee who is serving as a military service member may receive an extension
				of up to two years post expiration of license in order to complete the
				following:
(1) Continuing competence
				activities as specified in §
										341.2
				of this title (relating to Continuing Competence Requirements); and
(2) The board's jurisprudence exam.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 341 - LICENSE RENEWAL › Section 341.21 - Report of Malpractice Claims or Actions or Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
Each licensee shall submit a copy of any judgment or
				  settlement in a malpractice claim or any disciplinary action taken by another
				  licensing authority in another state to the board within 30 days after such
				  occurrences.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 342 - OPEN RECORDS › Section 342.1 - Open Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Open record
				requests. Inspection of Public Records under the Texas Open Records Act, Texas
				Civil Statutes, Title 5, Government Code, Chapter 552, provides that all of the
				records of the board are public records and are available for public inspection
				during normal business hours except that investigative files and records of the
				board are confidential. In addition, the exceptions to disclosure in Government
				Code, Chapter 552 may protect certain information. This rule is promulgated
				pursuant to Government Code, Chapter 552 to establish a records review process
				that is efficient, safe, and timely to the public and to the agency.
(1) Requests must be in writing and
				reasonably identify the records requested.
(2) Records access will be by appointment
				only.
(3) Records access is
				available only during the regular business hours of the agency.
(4) Unless confidential information is
				involved, review may be by physical access or by duplication at the requestor's
				option. Any person, however, whose request would be unduly disruptive to the
				ongoing business of the office may be denied physical access and will be
				provided the option of receiving copies. Costs of duplication shall be the
				responsibility of the requesting party in accordance with the established board
				fee policy, payable at the time of receipt of records, if a person; or in
				advance, if by mail. The board may, in its discretion, waive fees if it is in
				the public interest to do so.
(5)
				When the safety of any public record is at issue, physical access may be denied
				and the records will be provided by duplication as previously
				described.
(6) Confidential files
				will not be made available for inspection or for duplication except under
				certain circumstances, e.g., court order.
(7) All open records request appointments
				will be referred to the executive director or designee before complying with a
				request.
(8) The open records
				coordinator for the agency is the executive director and the alternate is the
				director's designee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.2 - Denial of a License and Disciplinary Actions by the Board

Current through Reg. 49, No. 28; July 12, 2024
The board has the authority to deny an applicant a license or
				  to suspend or revoke a license, to reprimand or otherwise discipline a
				  licensee, or to place on probation a licensee whose license has been suspended.
				  If a license is suspended, the licensee is placed on probation for the duration
				  of the suspension.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.5 - Licensure of Persons with Substance Abuse or Addiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				deny a license to or discipline an applicant/respondent who used drugs or
				intoxicating liquors to an extent that affects the license holder's or
				applicant's professional competence.
(b) In review of a complaint alleging
				intemperate use of drugs or alcohol by a respondent/applicant, the board shall
				consider the following evidence in determining the respondent's/applicant's
				present fitness to practice physical therapy:
(1) documentation demonstrating the degree of
				sobriety obtained;
(2)
				documentation showing completion of a drug or alcohol rehabilitation
				program;
(3) evidence of
				participation in board-accepted aftercare;
(4) a current status report from a
				drug/alcohol abuse counselor or board-accepted aftercare sponsor; and
(5) letters of recommendation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.6 - Other Grounds for Denial of a License or Discipline of a Licensee

Current through Reg. 49, No. 28; July 12, 2024
(a) Grounds for the
				board to deny a license to or discipline an applicant/respondent may include
				the following:
(1) attempting to obtain or
				obtaining a license by fraud, falsification, or deception of an application or
				examination procedure; or
(2)
				having a license to practice physical therapy or a license to practice another
				health care profession revoked or suspended or had other disciplinary action
				taken against him or had his application for license refused, revoked, or
				suspended by the proper licensing authority of another state, territory, or
				nation;
(3) failure to meet the
				qualifications for licensure as set forth in the Act, §453.203, as
				applicable, and/or to any other rules or procedures set forth by the board
				relating to these sections;
(4)
				cheating on the national examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.7 - Gross Negligence in the Practice of Physical Therapy

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may deny a license to or
				discipline an applicant/respondent who is found grossly negligent in the
				practice of physical therapy or in acting as a physical therapist
				assistant.
(b) Gross negligence may
				include, but is not limited to, the provision of physical therapy which the
				therapist knew or should have known would result in severe physical injury or
				death of a patient.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.8 - Licensure of Persons with a History of Voluntary or Involuntary Psychiatric Hospitalization

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				deny a license to or discipline an applicant/respondent who has been adjudged
				mentally incompetent by a court of competent jurisdiction.
(b) In review of a complaint alleging that
				the respondent/applicant has a history of voluntary or involuntary psychiatric
				hospitalization, the board shall consider the following evidence in determining
				the respondent's/applicant's present fitness to practice physical therapy:
(1) conduct and work activity of the person
				prior to and after hospitalization;
(2) documentation to indicate that the person
				is presently in good mental health. Specifically, a current
				psychological/psychiatric evaluation, which shall include such information as
				the agency may require;
(3) a
				current status report from a counselor, therapist, or physician; and
(4) letters of recommendation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.9 - Licensure of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				revoke or suspend an existing valid license, disqualify a person from receiving
				or renewing a license, or deny to a person the opportunity to be examined for a
				license because of a person's conviction of a felony or misdemeanor if the
				crime directly relates to the practice of physical therapy. Those crimes which
				the board considers to be directly related to the duties and responsibilities
				of a licensed physical therapist or physical therapist assistant shall include,
				but are not limited to:
(1) any felony which
				involves an act of fraud, dishonesty, or deceit;
(2) any criminal violation of the Act or
				other statutes regulating or pertaining to physical therapy or the medical
				profession;
(3) any crime involving
				moral turpitude;
(4)
				murder;
(5) assault;
(6) burglary;
(7) robbery;
(8) theft;
(9) rape or sexual abuse;
(10) patient/client abuse;
(11) injury to an elderly person;
(12) child molestation, abuse, endangerment,
				or neglect;
(13) felony conviction
				for driving while intoxicated, driving under the influence of alcohol or drugs,
				or driving while ability is impaired;
(14) sale, distribution, or illegal
				possession of narcotics, controlled substances, or dangerous drugs;
(15) tampering with a governmental
				record;
(16) offenses which include
				attempting or conspiring to commit any of the offenses in this
				subsection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.20 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
The board or its designee shall have the power to issue
				  subpoenas and subpoenas duces tecum to compel the attendance of witnesses, the
				  production of books, records, and documents; to administer oaths and to take
				  testimony concerning all matters within its jurisdiction.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.21 - Witness Fees and Expenses

Current through Reg. 49, No. 28; July 12, 2024
A witness who is not a party to the proceeding and who is
				  subpoenaed to appear at a deposition or hearing or to produce documents,
				  records, or other tangible things, shall receive reimbursement for expenses
				  incurred in complying with the subpoena. Reimbursement shall be in accordance
				  with Government Code, §
									2001.103. Said amount
				  shall be paid by the party at whose request the witness is
				  subpoenaed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.22 - Service of Notice

Current through Reg. 49, No. 28; July 12, 2024
Service of notice of hearing on the respondent/applicant
				  shall be complete and effective in accordance with Texas Government Code,
				  §
									2001.051 and §
									2001.052.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.23 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Office of Administrative
				Hearings (SOAH) shall conduct all administrative hearings in contested cases
				under the Administrative Procedure Act (APA) that are before the
				board.
(b) Transcription of
				hearing. Each hearing will be recorded by a court reporter.
(1) The cost of the transcription shall be
				borne by the person making the request.
(2) A party who appeals a final decision of
				the board shall pay all of the cost of preparation of the original and any
				certified copy of the record of the agency proceeding that is required to be
				transmitted to the reviewing court.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.24 - Payment of Costs for a Contested Case Hearing Resulting in the Discipline of a Licensee or the Denial of an Application for License

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested case hearing on the denial of
				an application must be requested in writing to the board.
(b) A person whose application for a license
				has been denied by the staff or a licensee who has been found in violation of
				the Act or rules as a result of a contested case hearing will be required to
				submit a fee for costs to the board. The costs will be those fees billed by
				SOAH to the board for conducting the hearing and rendering the proposal for
				final decision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.25 - Continuance

Current through Reg. 49, No. 28; July 12, 2024
A licensee who has been served with proper notice of hearing
				  may make a motion to the board for a continuance of the said hearing in
				  writing. Said motion shall be supported by a sworn affidavit detailing the
				  reasons for the continuance and must be received in the board office no later
				  than five days prior to the set hearing date.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.26 - Commutation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Computing time.
				In computing any period of time prescribed or allowed by order or directive of
				the agency, or by any applicable statute, unless otherwise specified, the
				period shall begin on the day after the act or event in controversy and
				conclude on the last day of such computed period, unless it be a Saturday,
				Sunday, or legal holiday, in which event the period runs until the end of the
				next business day which is neither a Saturday, Sunday, nor a legal
				holiday.
(b) Extension. Unless
				otherwise provided by statute, the time for filing any pleading, motion, or
				request may be extended by order of the executive director, upon written motion
				filed prior to the expiration of the applicable period of time for the filing
				of the same, showing that the need for extension is not caused by the neglect,
				indifference, or lack of diligence of the requesting party.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.27 - Probation

Current through Reg. 49, No. 28; July 12, 2024
In placing a person on probation whose license has been
				  suspended, the board may impose such additional terms and conditions as it
				  deems appropriate for the period of probation. The board shall specify the
				  exact duration of the probationary period. Upon finding that a person placed on
				  probation has failed to comply with the terms and condition of the board's
				  order, the board may take such additional disciplinary action as it deems
				  appropriate, following notice and hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.28 - Records Retention Schedule

Current through Reg. 49, No. 28; July 12, 2024
All records shall be maintained in accordance with the
				  approved records retention schedule on file with the Texas State
				  Library.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.29 - Failure To Appear at Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Even though
				some or all of the parties or their duly authorized representatives should fail
				to appear, the board may consider fully the matter pending if notice has been
				given in accordance with this chapter. Such consideration shall be on the basis
				of any evidence admitted at the hearings and all pleadings, exhibits, briefs,
				and other materials presented in connection therewith.
(b) Absence of counsel shall not be good
				cause for a continuance or postponement of a cause when called for hearing,
				except that it be allowed in the discretion of the hearings examiner or board,
				upon cause shown or upon matters within the knowledge or information of the
				hearings examiner or board to be stated on the record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.35 - Complaint Investigation and Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints shall be assigned a priority
				status in the following categories:
(1) those
				indicating that credible evidence exists showing a violation of the Physical
				Therapy Practice Act involving actual deception, fraud or injury to clients or
				the public or a high probability of immediate deception, fraud, or injury to
				clients or the public;
(2) those
				indicating that credible evidence exists showing a violation of the Physical
				Therapy Practice Act involving a high probability of potential deception,
				fraud, or injury to clients or the public;
(3) those indicating that credible evidence
				exists showing a violation of the Physical Therapy Practice Act involving a
				potential for deception, fraud, or injury to clients or the public;
(4) all other complaints.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.36 - Filing and Receipt of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints may
				be received in writing on a form prescribed by the board. Complainants shall be
				invited to explain their allegations. The staff will provide reasonable
				assistance to a person who wishes to file a complaint.
(b) When a complaint is received, the board,
				at least as frequently as quarterly and until final disposition of the
				complaint, shall notify the parties to the complaint of the status of the
				complaint unless the notice would jeopardize an undercover
				investigation.
(c) Prior to
				commencing disciplinary proceedings, the staff shall serve the respondent with
				written notice in accordance with Government Code, §
									2001.054(c).
(1) Such notice shall contain a statement of
				the facts or conduct alleged to warrant an adverse licensure action. The notice
				shall invite the respondent to show compliance with all requirements of the law
				for retention of the license.
(2)
				The respondent shall have not less than ten days to respond in
				writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.40 - Informal Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time
				after the filing of a complaint, an informal settlement conference may be held
				prior to the contested case hearing for the purpose of:
(1) simplifying the issues;
(2) considering proposed admissions or
				stipulations of fact;
(3) reviewing
				the procedure to govern the contested case hearing;
(4) exchanging witness lists and agreeing to
				limit the number of witnesses; and/or
(5) doing any act that may simplify the
				proceedings, and dispose of matters in controversy, including settlement of
				issues in dispute and preparation of an agreed order for presentation to the
				board as provided herein.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.41 - Agreed Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A proposed
				agreed order may be negotiated with any person under the jurisdiction of the
				board, the terms of which shall be approved by the investigation
				committee.
(b) The proposed agreed
				order will be sent to the respondent by a method of service in accordance with
				Government Code, §
									2001.142. To accept
				the agreed order, the respondent must sign it and return it to the board staff
				within 10 days after receipt. Inaction by the respondent constitutes rejection.
				If the respondent rejects the proposed settlement, the matter shall be referred
				to the investigation committee, the executive director, or staff for
				appropriate action.
(c) The
				proposed agreed order with the signature of the respondent will be presented to
				the board. The proposed agreed order shall have no effect until such time as
				the board may, at a regularly scheduled meeting, take action approving the
				agreed order. If approved by the board, the chair of the board is authorized to
				sign the agreed order on behalf of the board. When the board has approved and
				signed an agreed order, the board order will be sent to the licensee,
(d) The respondent shall be notified of the
				date, time, and place of the board meeting at which the proposed agreed order
				will be considered. Attendance by the licensee or applicant is
				voluntary.
(e) Consideration by the
				board.
(1) The name and license number of the
				licensee or the name of the applicant will not be made available to the board
				until after the board has reviewed and made a decision on the agreed
				order.
(2) Upon an affirmative
				majority vote, the board shall approve the agreed order, and the chairperson of
				the board will sign it on behalf of the board. The final board order will be
				provided to the respondent.
(3) If
				the board does not approve the agreed order, the matter may be referred to the
				investigation committee, the executive director, or designee for other
				appropriate action. The respondent and the complainant shall be so
				informed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.42 - Commencement of Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				a complaint is not resolved informally, the staff may commence disciplinary
				proceedings by filing written charges.
(b) The charges shall contain the following
				information:
(1) the name of the
				respondent;
(2) a statement of the
				conduct alleged to be in violation of the act or of a rule, regulation, or
				order of the board; and
(3) a
				reference to the section of the act or to the board rule, regulation, or order
				which respondent is alleged to have violated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.48 - Dismissal of Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints may
				be dismissed for the following reasons:
(1)
				no evidence available;
(2)
				respondent has left the state;
(3)
				insufficient evidence;
(4) other
				reasons which the Investigation Committee believe are justification for
				dismission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.49 - Disposal of Complaints

Current through Reg. 49, No. 28; July 12, 2024
At least annually, the board will advise the executive
				  council of complaints which have been disposed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.50 - Application for Reinstatement of License

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				the expiration of 180 days from the date of revocation, the board may consider
				a request for reinstatement by the former licensee (applicant).
(b) The request for reinstatement must be
				submitted to the board office in writing and should include a short and plain
				statement of the reasons why the applicant believes the license should be
				reinstated.
(c) Upon denial of any
				application for reinstatement, the board may not consider a subsequent
				application until the expiration of one year from the date of denial of the
				prior application.
(d) In taking
				action to revoke a license, the board may, in its discretion, specify the terms
				and conditions upon which reinstatement shall be considered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.51 - Evaluation for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
In considering reinstatement of a suspended license, the
				  board will evaluate:
(1) the severity
				of the act which resulted in revocation of the license;
(2) the conduct of the applicant subsequent
				to the revocation of license;
(3)
				the lapse of time since revocation;
(4) the degree of compliance with all
				conditions the board may have stipulated as a prerequisite for
				reinstatement;
(5) the degree of
				rehabilitation attained by the applicant as evidenced by sworn notarized
				statements sent directly to the board from qualified people who have personal
				and professional knowledge of the applicant; and
(6) the applicant's present qualifications to
				practice physical therapy based on his/her history of physical therapy related
				employment or education.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.52 - Procedure upon Request for Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				applicant for reinstatement of a revoked license must personally appear before
				the board at a scheduled date and time to show why the license should be
				reinstated.
(b) Upon submission of
				proof of past revocation of the applicant's license, the applicant has the
				burden of proof to show present fitness and/or rehabilitation to practice
				physical therapy.
(c) Where the
				applicant's license has been revoked or voluntarily surrendered based on a
				finding, admission, or allegation that the applicant was unfit to practice
				physical therapy by reasons of intemperate use of alcohol or drugs,
				misappropriation of controlled substances, an adjudication of mental
				incompetence, or the existence of any mental disorder, the applicant must
				submit a written psychiatric or psychological evaluation and written medical
				evaluation. Said evaluations shall be obtained solely at the applicant's
				expense and forwarded directly to the agency by the examiner. The psychiatric
				or psychological evaluation must be prepared by a licensed psychiatrist or
				psychologist and the medical evaluation must be prepared by a licensed
				physician. Said reports shall include such information as the agency may
				specifically require with notice to the applicant.
(d) Upon receipt of a written request for
				reinstatement and all information required by subsection (c) of this section,
				the applicant will be notified of a date and time of an appearance before the
				board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.53 - Board Action Possible upon Reinstatement of Revoked License

Current through Reg. 49, No. 28; July 12, 2024
After evaluation, the board may:
(1) deny reinstatement of a revoked
				license;
(2) reinstate a revoked
				license;
(3) require the
				satisfactory completion of a specific program or remedial education approved by
				the agency; and
(4) require
				monitoring of the applicant's physical therapy practice as specified by the
				board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.55 - Failure To Appear

Current through Reg. 49, No. 28; July 12, 2024
An applicant for reinstatement of a revoked license who makes
				  a commitment to appear before the board, and fails to appear at a hearing set
				  with notice by the agency, shall not be authorized to appear before the board
				  before the expiration of six months. For good cause shown, the executive
				  director may authorize an exception to this rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.56 - Monitoring of Licensees

Current through Reg. 49, No. 28; July 12, 2024
A licensee who is ordered by the board to perform certain
				  acts will be monitored by the board to ensure that the required acts are
				  completed per the order of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 344 - ADMINISTRATIVE FINES AND PENALTIES › Section 344.1 - Administrative Fines and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				physical therapist or physical therapist assistant who violates any provision
				of these rules, or any provision of the Physical Therapy Practice Act shall be,
				at the discretion of the Board, subject to the following penalties.
(1) The Board may impose suspension or
				revocation of a license, or other disciplinary action including probation,
				tutorial hours and additional education.
(2) The Board may assess fines, not to exceed
				$200 for each day of the offense, based on the following schedule:
(A) first offense: $100-$1,000;
(B) subsequent offense:
				$200-$5,000.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 346 - PRACTICE SETTINGS FOR PHYSICAL THERAPY › Section 346.1 - Educational Settings

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				educational setting, the physical therapist conducts appropriate screenings,
				evaluations, and assessments to determine needed services to fulfill
				educational goals. When a student is determined by the physical therapist to be
				eligible for physical therapy as a related service defined by Special Education
				Law, the physical therapist provides written recommendations to the Admissions
				Review and Dismissal Committee as to the amount of specific services needed by
				the student (i.e., consultation or direct services and the frequency and
				duration of services).
(b) The
				physical therapist implements physical therapy services in accordance with the
				recommendations accepted by the school committee members and as reflected in
				the student's Admission Review and Dismissal Committee reports.
(c) The physical therapist may provide
				general consultation or other physical therapy program services for school
				administrators, educators, assistants, parents and others to address district,
				campus, classroom or student-centered issues. For the student who is eligible
				to receive physical therapy as a related service in accordance with the
				student's Admission Review and Dismissal Committee reports, the physical
				therapist will also provide the consultation and direct types of specific
				services needed to implement specially designed goals and objectives included
				in the student's Individualized Education Program.
(d) The types of services which may require a
				physician's referral in the educational setting include the provision of
				individualized specially designed instructions and the direct physical modeling
				or hands-on demonstration of activities with a student who has been determined
				eligible to receive physical therapy as a related service. Additionally, they
				may include the direct provision of activities which are of such a nature that
				they are only conducted with the eligible student by a physical therapist or
				physical therapist assistant. The physical therapist should refer to §
									322.1 of
				this title (relating to Provision of Services).
(e) Evaluation and reevaluation in the
				educational setting will be conducted in accordance with federal mandates under
				Part B of the Individuals with Disabilities Education Act (IDEA),
				20
				USC §
										1414, or when warranted by a
				change in the child's condition, and include onsite reexamination of the child.
				The Plan of Care (Individual Education Program) must be reviewed by the PT at
				least every 60 school days, or concurrent with every visit if the student is
				seen at intervals greater than 60 school days, to determine if revisions are
				necessary.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 346 - PRACTICE SETTINGS FOR PHYSICAL THERAPY › Section 346.2 - Other Practice Settings

Current through Reg. 49, No. 28; July 12, 2024
Other practice settings for physical therapy include but are
				  not limited to: hospital, private clinic, industry, home health, and nursing
				  home.