PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
CHAPTER 329. LICENSING PROCEDURE
The Texas Board of Physical Therapy Examiners proposes amending 22 TAC §329.5. Licensing Procedures for Foreign-Trained Applicants to remove unnecessary barriers to the licensing of foreign-educated applicants.
The amendment for the requirement of an evaluation of professional education and training in paragraph (1)(A) differentiates between applicants by exam and applicants by endorsement. Applicants by exam will require the most current version of the Coursework Tool (CWT) in accordance with immigration requirements. Applicants by endorsement will have a range of acceptable versions of the CWT appropriate to the year they graduated from the foreign physical therapy program or a more current version. This will prevent an applicant who has already been evaluated by a version of the CWT for immigration purposes or for licensure in another jurisdiction from being evaluated by a different version of the CWT for Texas licensure. The amendment also authorizes acceptance of a copy of an evaluation that has been used as a licensure requirement by another jurisdiction for extenuating circumstances beyond the applicant's control if the evaluation is sent directly to the board by the jurisdiction.
The amendments in paragraph (1)(B)-(D) update current procedure for deficiencies noted on an evaluation as well as grammatical clean up.
The amendments in paragraph (2) eliminate the requirement for an applicant by endorsement to demonstrate English language proficiency by taking the Test of English as a Foreign Language (TOEFL) and provides exceptions to the TOEFL requirement for an applicant by exam if certain conditions are met.
Fiscal Note
Ralph A. Harper, Executive Director of the Executive Council of Physical Therapy & Occupational Therapy Examiners, has determined that for the first five-year period the amendment is in effect there would be no loss of revenue, and there would be no fiscal implication to units of local government as a result of enforcing or administering the rules.
Public Benefits and Costs
Mr. Harper has also determined that for the first five-year period the amendment is in effect the public benefit will be to increase public access to qualified physical therapists by eliminating barriers to licensure of foreign-educated physical therapists. There will be no economic cost to licensees.
Local Employment Economic Impact Statement
The amendment is not anticipated to impact a local economy, so a local employment economic impact statement is not required.
Small and Micro-Businesses and Rural Communities Impact
Mr. Harper has determined that there will be no costs or adverse economic effects to small or micro-businesses or rural communities; therefore, an economic impact statement or regulatory flexibility analysis is not required.
Government Growth Impact Statement
During the first five-year period this amendment is in effect, the impact on government growth is as follows:
(1) The proposed rule amendment will neither create nor eliminate a government program.
(2) The proposed rule amendment will neither create new employee positions nor eliminate existing employee positions.
(3) The proposed rule amendment will neither increase nor decrease future legislative appropriations to the agency.
(4) The proposed rule amendment will neither require an increase nor a decrease in fees paid to the agency.
(5) The proposed amendment will revise an existing rule by removing barriers to licensure for foreign-educated applicants.
(6) The proposed rule amendment will neither repeal nor limit an existing regulation.
(7) The proposed rule amendment will neither increase nor decrease the number of individuals subject to the rule's applicability.
(8) The proposed rule amendment will neither positively nor adversely affect this state's economy.
Takings Impact Assessment The proposed rule amendment will not impact private real property as defined by Tex. Gov't Code §2007.003, so a takings impact assessment under Tex. Gov't Code §2001.043 is not required.
Requirement for Rule Increasing Costs to Regulated Persons
Tex. Gov't Code §2001.0045, Requirement for Rule Increasing Costs to Regulated Persons, does not apply to this proposed rule because the amendments will not increase costs to regulated persons.
Public Comment
Comments on the proposed amendments may be submitted to Karen Gordon, PT Coordinator, Texas Board of Physical Therapy Examiners, 1801 Congress Ave, Suite 10.900, Austin, Texas 78701; email: karen@ptot.texas.gov. Comments must be received no later than 30 days from the date this proposed amendment is published in the TexasRegister.
Statutory Authority
The amendment is proposed under Texas Occupation Code §453.102, which authorizes the board to adopt rules necessary to implement chapter 453.
Cross-reference to Statute
The proposed amendment implements provisions in Sec. 453.204, Occupations Code that pertains to foreign-trained applicants.
§329.5.Licensing Procedures for Foreign-Trained Applicants.
A foreign-trained applicant must complete the license application process as set out in §329.1 of this title (relating to General Licensure Requirements and Procedures). In addition, the applicant must submit the following:
(1) An evaluation of professional education and training prepared by a board approved credentialing entity. The board will maintain a list of approved credentialing entities on the agency website.
(A) The evaluation must:
(i) be based on a [the ] Course
Work Tool (CWT) adopted by the Federation of State Boards of Physical
Therapy. [, specifically the version of the tool appropriate
to the year the applicant graduated from the foreign physical therapy
program; and]
(I) Applicants by examination must be evaluated using the most current version of the CWT.
(II) Applicants by endorsement must be evaluated using the version of the CWT appropriate to the year the applicant graduated from the foreign physical therapy program or a more current version.
(ii) provide evidence and documentation that the applicant's education is substantially equivalent to the education of a physical therapist who graduated from a physical therapy education program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE); and
(iii) establish that the institution at which the applicant received his physical therapy education is recognized by the Ministry of Education or the equivalent agency in that country.
(iv) a copy of an evaluation used as a requirement for licensure by another jurisdiction that has the authority to issue a license within that jurisdiction and sent directly to the board by the jurisdiction will be accepted for an applicant by endorsement if:
(I) documents required for credentialing are no longer available from the institution at which the applicant received their physical therapy education, or
(II) there is an undue delay in receiving an evaluation from the credentialer beyond the applicant's control.
(B) If the credentialing entity determines that the
physical therapy education is not substantially equivalent,
[but no evidence is found of specific required courses or content
areas,] the applicant is responsible for remedying those deficiencies.
The applicant may use college credit obtained through applicable College
Level Examination Placement (CLEP) or other college advanced placement
exams to remedy any deficiencies in general education.
(C) An evaluation prepared by a board-approved
credentialer reflects only the findings and conclusions of the credentialer,
and shall not be binding on the board. [In the event that the
board determines that the applicant's education is not substantially
equivalent to an entry-level physical therapy program accredited by
CAPTE, the board will notify the applicant in writing stating the
reasons why the applicant's education is not substantially equivalent.]
(D) If the applicant received an entry-level physical
therapy degree from a CAPTE-accredited program located outside the
U.S., the program is considered equivalent to a domestic CAPTE-accredited
physical therapy program, and the applicant is exempt from meeting
the requirements of a [the] CWT.
(2) Proof of English language proficiency. A foreign-trained applicant by examination must demonstrate the ability to communicate in English by making the minimum score accepted by the board on the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service (ETS).
(A) - (B) (No change.)
(C) The board may grant an exception to the English language proficiency requirements under the following conditions:
(i) the applicant holds a current license in physical
therapy in a country listed in subparagraph (A) of this paragraph [another state] and has been licensed and practicing in that country [another state in the U.S.] for at
least 5 [10] years prior to application; or
(ii) the applicant submits satisfactory proof that he/she is a citizen or lawful permanent resident of the U.S. or a current U.S. H-1B visa holder, and
(I) has attended four or more years of secondary or post-secondary education in the U.S. or
(II) has completed a post-professional physical therapy degree in English from a country listed in subparagraph (A) of this paragraph.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 29, 2024.
TRD-202400908
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: April 14, 2024
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners proposes amending 22 TAC §346.1, Educational Settings to clarify the role of physical therapists and physical therapist assistants in the educational setting.
The amendments update the references to federal law that pertain to physical therapy services provided to students with disabilities in the education setting, eliminates the requirement for a reexamination to be performed onsite to allow for the reexamination to be performed via telehealth, and updates the section to reflect contemporary practice within the setting.
Fiscal Note
Ralph A. Harper, Executive Director of the Executive Council of Physical Therapy & Occupational Therapy Examiners, has determined that for the first five-year period the amendment is in effect there would be no loss of revenue, and there would be no fiscal implication to units of local government as a result of enforcing or administering the rules.
Public Benefits and Costs
Mr. Harper has also determined that for the first five-year period the amendment is in effect the public benefit will be to increase public access to qualified physical therapists and physical therapist assistants by students in educational settings. There will be no economic cost to licensees.
Local Employment Economic Impact Statement
The amendment is not anticipated to impact a local economy, so a local employment economic impact statement is not required.
Small and Micro-Businesses and Rural Communities Impact
Mr. Harper has determined that there will be no costs or adverse economic effects to small or micro-businesses or rural communities; therefore, an economic impact statement or regulatory flexibility analysis is not required.
Government Growth Impact Statement
During the first five-year period this amendment is in effect, the impact on government growth is as follows:
(1) The proposed rule amendment will neither create nor eliminate a government program.
(2) The proposed rule amendment will neither create new employee positions nor eliminate existing employee positions.
(3) The proposed rule amendment will neither increase nor decrease future legislative appropriations to the agency.
(4) The proposed rule amendment will neither require an increase nor a decrease in fees paid to the agency.
(5) The proposed amendment will revise an existing rule by clarifying the role of physical therapists and physical therapist assistants in the educational setting.
(6) The proposed rule amendment will neither repeal nor limit an existing regulation.
(7) The proposed rule amendment will neither increase nor decrease the number of individuals subject to the rule's applicability.
(8) The proposed rule amendment will neither positively nor adversely affect this state's economy.
Takings Impact Assessment The proposed rule amendment will not impact private real property as defined by Tex. Gov't Code §2007.003, so a takings impact assessment under Tex. Gov't Code §2001.043 is not required.
Requirement for Rule Increasing Costs to Regulated Persons
Tex. Gov't Code §2001.0045, Requirement for Rule Increasing Costs to Regulated Persons, does not apply to this proposed rule because the amendments will not increase costs to regulated persons.
Public Comment
Comments on the proposed amendments may be submitted to Karen Gordon, PT Coordinator, Texas Board of Physical Therapy Examiners, 1801 Congress Ave, Suite 10.900, Austin, Texas 78701; email: karen@ptot.texas.gov. Comments must be received no later than 30 days from the date this proposed amendment is published in the Texas Register.
Statutory Authority
The amendment is proposed under Texas Occupation Code §453.102, which authorizes the board to adopt rules necessary to implement chapter 453.
Cross-reference to Statute
The proposed amendment implements provisions in Sec. 453.005, Occupations Code that pertains to the practice of physical therapy.
§346.1.Educational Settings.
(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 under Part B of the Individuals with Disabilities
Education Act (IDEA), 20 USC §1414, or Section 504 of the Americans
with Disabilities Act, as Amended [defined by Special Education
Law], the physical therapist provides written recommendations
to the Admissions Review and Dismissal Committee or the Section
504 Committee as to the amount of specific services needed by
the student (i.e., [consultation or] direct and/or
indirect services, as well as [and] the
frequency, [and] duration, and location of services).
(b) The physical therapist implements physical therapy
services in accordance with the decisions of [recommendations
accepted by] the school committee members and as reflected in
the student's Admission Review and Dismissal Committee or Section
504 Committee reports. The physical therapist may implement
services by delegating treatment to a PTA under their supervision.
(c) The physical therapist may provide general consultation, coaching, professional development, 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 and/or
indirect types of specific services needed to implement specially
designed goals and objectives included in the student's Individualized
Education Program or the 504 Plan.
(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 under the IDEA or under Section 504. 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 under Section 504 when warranted
by a change in the child's condition, and include [onsite]
reexamination of the child. The Plan of Care (Individual Education
Program or Section 504 Plan) 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.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 29, 2024.
TRD-202400909
Ralph Harper
Executive Director
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: April 14, 2024
For further information, please call: (512) 305-6900