Title OC, Occupations Code

Sec. 453.101. GENERAL POWERS AND DUTIES. Except as provided by Chapter 452, the board shall administer and enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 453.102. RULES. (a) The board may adopt rules necessary to implement this chapter. (b) The board may adopt bylaws and rules necessary to govern its proceedings. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 453.103. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. (a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person. (b) The board may not …

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 …

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 pol…

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 progr…

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, 85…

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 bo…

Sec. 453.108. PROSECUTING VIOLATIONS. The board shall assist the proper legal authorities in prosecuting a person who violates this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 453.109. 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 pr…

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 p…

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 h…

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 contacte…

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…

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 pla…

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 …

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 fe…

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…

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…

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 …

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 appli…

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 lic…

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 req…

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 per…

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. …

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. Amend…

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 …

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 pur…

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 lice…

Sec. 453.252. RENEWAL OF LICENSE. (a) A person may renew an unexpired license by paying the required renewal fee to the executive council before the expiration date of the license. (b) A person whose license has been expired for 90 days or less may renew the license by paying to …

Sec. 453.253. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The board may renew without reexamination the expired license of a person who was licensed to practice as a physical therapist or physical therapist assistant in this state, moved to another state, is curr…

Sec. 453.254. CONTINUING COMPETENCE. (a) The board by rule shall: (1) adopt requirements for continuing competence for license holders in subjects pertaining to the practice of physical therapy; (2) establish a minimum number of continuing competence units required to renew a lic…

Sec. 453.255. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the a…

Sec. 453.301. PRACTICE BY PHYSICAL THERAPIST. (a) A physical therapist may treat a patient for an injury or condition in a manner described by Section 453.005 without a referral if the physical therapist: (1) has been licensed to practice physical therapy for at least one year; (…

Sec. 453.302. TREATING PATIENT WITHOUT REFERRAL. (a) In this section: (1) "Emergency circumstance" means an instance in which emergency medical care is necessary. (2) "Emergency medical care" means a bona fide emergency service provided after the sudden onset of a medical conditi…

Sec. 453.303. PROHIBITED USE OF CERTAIN PROCEDURES. In practicing physical therapy, a person may not use: (1) roentgen rays or radium for a diagnostic or therapeutic purpose; or (2) electricity for a surgical purpose, including cauterization. Acts 1999, 76th Leg., ch. 388, Sec. 1…

Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this chapter for an individual licensed by the board to violate Section 102.001. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.826, eff. Sept. 1, 2001. SUBCHAPT…

Sec. 453.351. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE OF LICENSE HOLDER. (a) The board may deny a license or suspend or revoke a license, place a license holder on probation, reprimand a license holder, impose an administrative penalty, or otherwise discipline a license holde…

Sec. 453.352. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS. (a) A person whose application for a license is denied is entitled to a hearing before the State Office of Administrative Hearings if the applicant submits a written request for a hearing to…

Sec. 453.3525. SCHEDULE OF SANCTIONS. (a) The board by rule shall adopt a schedule of administrative penalties and other sanctions that the board may impose under this chapter. In adopting the schedule of sanctions, the board shall ensure that the amount of the penalty or severit…

Sec. 453.353. SUBPOENAS. (a) The board may request or compel by subpoena: (1) the attendance of a witness for examination under oath; and (2) the production for inspection or copying of evidence relevant to an investigation of an alleged violation of this chapter. (b) If a person…

Sec. 453.354. TEMPORARY LICENSE SUSPENSION. (a) The board may temporarily suspend a license issued under this chapter on an emergency basis if the board, by at least a two-thirds vote, determines from the evidence or information presented to the board that the continued practice …

Sec. 453.355. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE AFTER DENIAL. (a) On application by the person, the board may reissue a license to a person whose license has been revoked. (b) An application to reinstate a revoked license: (1) may not be made before the 180th day after t…

Sec. 453.356. INFORMAL PROCEEDINGS. (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) informal proceedings held in compliance with Section 2001.054, Government Code. (b) A rule ado…

Sec. 453.401. IMPOSITION OF PENALTY. The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by:…

Sec. 453.402. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $200 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b) The amount of the penalty shall be determined according to…