A civil penalty may be recovered in a suit brought by the attorney general, a district attorney, a county attorney, or any other person. Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order. These guidelines are subject to change as the dynamics of the profession change, and as new patterns of health care delivery are developed and accepted by the professional community and the public. Physical therapists shall act in a respectful manner toward each person regardless of age, gender, race, nationality, religion, ethnicity, social or economic status, sexual orientation, health condition, or disability. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. Encumbered license means a license that a physical therapy licensing board has limited in any way. The ex-officio members will be selected by their respective organizations. 4C. 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. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. When to register:when you're ready to take! Sec. If the board does not approve the agreed order, the matter will be referred to the investigation committee or the executive director for other appropriate action. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. Principle #5: Physical therapists shall fulfill their legal and professional obligations. With respect to ethical obligations, the termwhen appropriate is a fact-based decision and will be impacted by requirements of the law. Source Note: The provisions of this 325.5 adopted to be effective March 1, 1986, 11 TexReg 721. The applicant must provide official documentation of active duty status or veteran status or the active duty status of the spouse. The tool was developed in partnership with the Federation of State Boards of Physical Therapy (Federation). Sept. 1, 1999. All rules adopted by the Board are based on the Act. Amended by: Acts 2017, 85th Leg., R.S. An 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 or by the executive director. Other duties as provided in rules or bylaws. Mom/Dad Test: How would your parents feel if they knew what you were doing? June 19, 2009. Screening entails the collection of uniform information from all patients screened using a predetermined, standardized format. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. Military/spouse or veteran PT or PTA--$0.00. Mentorship of a resident or fellow in an American Board of Physical Therapy Residency and Fellowship Education (ABPTRFE) accreditedresidency or fellowship program. Discharge Summary. The board shall review all outsourced services on a biennual basis. Please note that if you are due for license renewal and you are a dentist who holds at least a Nitrous Oxide, Level 1, Level 2, Level 3, or Level 4 sedation permit you are required to take and pass the online jurisprudence examination of Chapter 110 (relating to Anesthesia and . Consider this excerpt from the EJC Opinion titled Topic: Sexual Relationships WithPatients or Former Patients(modified for physical therapist assistants): A physical therapist [assistant] stands in a relationship of trust to each patient and has an ethical obligation to act in the patient's best interest and to avoid any exploitation or abuse of the patient. 7. Interpretation: 6D elaborates on the physical therapists obligations to foster an environment conducive to professional growth, even when not supported by the organization. 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. Provision of telehealth services by a physical therapist assistant, must occur under the supervision of the physical therapist in accordance with rule 322.3 of this title. 1, eff. A summary of these evaluations must be made available to the board-approved organization upon request. Large conferences with concurrent programming. The Preamble states that [n]o document that delineates ethical standards can address every situation. The Preamble also states that physical therapist assistants are encouraged to seek additional advice or consultation in instances where the guidance of the Standards of Ethical Conduct may not be definitive. Potential sources for advice or counsel include third parties and the myriad resources available on the APTA website. 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. 535 (S.B. Sept. 1, 2001. If selected for audit, the licensee must submit a copy of a letter on official organization letterhead or certificate confirming completion of service. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Physical therapists shall adhere to the core values of the profession and shall act in the best interests of patients and clients over the interests of the physical therapist. Ethical Principles & Decision-Making Models. For monographs or single book chapters, a copy of the first page of the monograph or chapter, and the Table of Contents page of the publication showing the authors name and the name and date of the publication. In adopting the schedule of sanctions, the baord shall ensure that the amount of the penalty or severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action. Steps to Completion. 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. The board may grant an exception to the English language proficiency requirements under the following conditions: the applicant holds a current license in physical therapy in another state and has been licensed in another state in the U.S. for 10 years prior to application; or. Provided that the licensee participates in a substance abuse recovery program acceptable to the board, the license may continue on a probationary status with conditions set forth by the full board. Physical therapist assistants shall not engage in any sexual relationship with any of their patients and clients, supervisees, or students. 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. Foreign-trained applicant--Any applicant whose entry-level professional physical therapy educationwas obtained at a physical therapy program outside the U.S., its territories, or the District of Columbia. 453.005. The respondent shall have not less than ten days to respond in writing. 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. Self-study programs Structured, self-paced programs or courses offered through electronic media (for example, via the internet or on DVD) or on paper (for example, a booklet) completed without direct supervision or attendance in a class. 347.9. Amended by Acts 2021, 88th Leg., ch XXX, Sec. causing, permitting, or allowing physical or emotional injury or impairment of dignity or safety to the patient/client; intentionally or knowingly offering to pay or agreeing to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for receiving or soliciting patients or patronage, regardless of source of reimbursement, unless said business arrangement or payments practice is acceptable under 42 United States Code 1320a-7b(b) or its regulations; advertising in a manner which is false, misleading, or deceptive; knowingly falsifying and/or forging a referring practitioner's referral for physical therapy; failing to notify the board of any conduct by another licensee which reasonably appears to be a violation of the Practice Act and rules, or aids or causes another person, directly or indirectly, to violate the Practice Act or rules of the board; abandoning or neglecting a patient under current care without making reasonable arrangements for the continuation of such care; failing to maintain the confidentiality of all verbal, written, electronic, augmentative, and nonverbal communication, including compliance with HIPAA regulations; and. Assessment of the penalties will follow procedures as established in 343.41 of this title (relating to Agreed Orders). Source Note: The provisions of this 343.25 adopted to be effective January 7, 1992, 16 TexReg 7645. 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. If the person is unable to comply with the boards requirements to reinstate the license, the person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license. Acts 1999, 76th Leg., ch.388, Sec. 2.25, eff. An applicant who has received a license from another state is not eligible for temporary licensure. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS. This is not limited to relationships with patients and clients, but includes everyone physical therapist assistants come into contact with in the normal provision of physical therapistservices. Source Note: The provisions of this 341.6 adopted to be effective February 18, 2001, 26 TexReg 1339; amended to be effective March 9, 2009, 34 TexReg 1605; amended to be effective February 13, 2012, 37 TexReg 689; amended to be effective February 11, 2014, 39 TexReg 655; amended to be effective August 17, 2014, 39 TexReg 6053; amended to be effective March 1, 2015, 40 TexReg 706; amended to be effective September 20, 2015, 40 TexReg 6352; amended to be effective February 21, 2016, 41 TexReg 1122; amended to be effective February 16, 2017, 41 TexReg 9692; amended to be effective January 1, 2019, 43 TexReg 7354. staff determines there is sufficient evidence to demonstrate a violation of the act, board rules, or board order and drafts proposed formal charges. Physical therapists shall protect confidential patient and client information and may disclose confidential information to appropriate authorities only when allowed or as required by law. 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. The board may accept webbased verification in place of verification sent by another jurisdiction if the board is satisfied that the applicant's license(s) is/are valid. Take the TX Jurisprudence Assessment Module (TX JAM) exam - To take the TX JAM exam, you must register online via the Federation of State Boards of Physical Therapy (FSBPT.) 329.1. Note that this is a Texas state-required assessment. The board may require license holders to complete continuing competence activities specified by the board. 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 govenor and the attorney general that a potential ground for removal exists. Acts 2017, 85th Leg., R.S. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. Sept. 1, 2017. The association has zero tolerance forany form of harassment, specifically including sexual harassment. 6C. 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. 535 (S.B. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state. 453.303. 347.6. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization. 8C. 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. for the initial issuance of the license; or, Chapter 341, License Renewal as part of a prior license renewal or restoration; and. 1, eff. History: Originally adopted by APTA HOD June 1982. Once the physical therapist has decided to report, he or she must be mindful that reporting does not end his or herinvolvement, which can include office, regulatory, and/or legal proceedings. At least16 Hrs of coursework must be either technical orscientific 6A. 1, eff. Standard of Care. These guidelines are subject to change as the dynamics of the profession change and as new patterns of health care delivery are developed and accepted by the professional community and the public. ch. Records access will be by appointment only. Need Help? has not been the subject of disciplinary action in another state or nation. MONITORING OF LICENSE HOLDER. Encourage or recommend to the appropriate individuals that health care and other professionals, such aslegal counsel, conduct regular (such as annual) training that addresses federal and state lawrequirements, such as billing, best practices, harassment, and security and privacy; as such training caneducate health care professionals on what to do and not to do. Source Note: The provisions of this 343.6 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 11, 1993, 18 TexReg 7554. Probation--Each person whose license is suspended is placed on probation for the length of the suspension. 1, eff. Cancellation of Registration - Repealed. Amended by Acts 2001, 77th Leg., ch. Current licensees can take the TX JAM at any time during their renewal period. ; Purchase - click the "Register / Pay" button next to . Requirements for renewal of inactive status. Application of content to real and/or hypothetical situations. This is the hardest part; accurately defining the problem, why we are concerned about the situation and what it is that is making us feel uncomfortable. Is it an issue, distress or a dilemma? DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT, SECTION 12. Provisional licensure. 2.22, eff. Preamble to the Standards of Ethical Conduct. Interpretation: As noted in the House of Delegates policy titled Sexual Harassment, [m]embers of the associationhave an obligation to comply with applicable legal prohibitions against sexual harassment. This statement is inline with Principle 4F that prohibits physical therapists from harassing anyone verbally, physically, emotionally, orsexually. (Core Values: Accountability, Duty, Social Responsibility). This may be challenging in the sense that the physical therapist assistant might not or easily be able to determine whether someone in fact has a physical, psychological, or substance-related impairment. 317), Sec. 343.53. The board shall adopt rules relating to the investigation of a complaint received by the board. On application by the person, the board may issue a license to a person whose license application has been denied. Speech-Language Pathologists and Audiologists Exam Information When a child is determined by the PT to be eligible for physical therapy, the PT provides written recommendations to the Interdisciplinary Team as to the amount of specific services needed by the child. Source Note: The provisions of this 323.5 adopted to be effective March 1, 2018, 43 TexReg 775. 588), Sec. Programs must meet the following criteria: 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. (Core Values: Collaboration, Duty, Excellence, Integrity). Source Note: The provisions of this 344.1 adopted to be effective October 6, 1998, 23 TexReg 9978; amended to be effective November 11, 2018, 43 TexReg 7355; amended to be effective September 1, 2019, 44 TexReg 4184; amended to be effective November 1, 2020, 45 TexReg 7588. The board shall make the information available to the public and appropriate state agencies. The list of qualifying referral sources includes physicians, dentists, chiropractors, podiatrists, physician assistants, and advanced nurse practitioners. Passing examinations in radiology, infection control, and jurisprudence. 5D and 5E both require a factual determination on the physical therapist assistants part. In the provision of early childhood services through the Early Childhood Intervention (ECI) program, the physical therapist conducts appropriate screenings, evaluations, and assessments to determine needed services to fulfill family-centered goals.
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