22 Tex. Admin. Code § 329.7

Current through Reg. 49, No. 45; November 8, 2024
Section 329.7 - Exemptions from Licensure
(a) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board.
(1) A person practicing physical therapy in the U.S. armed services, U.S. Public Health Service, or Veterans Administration in compliance with federal regulations for licensure of health care providers; and
(2) A person who is licensed in another jurisdiction of the U.S. and who, by contract or employment, is practicing physical therapy in this state for not more than 60 days in a 12 month period for an athletic team or organization or a performing arts company temporarily competing or performing in this state.
(b) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board and must notify the board of their intent to practice in the state.
(1) A physical therapist who is licensed in good standing in another jurisdiction of the U.S. if the person is engaging, for not more than 90 days in a 12 month period and under the supervision of a physical therapist licensed in this state, in a special project or clinic required for completion of a post-professional degree in physical therapy from an accredited college or university.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the institution or facility in which the individual will be practicing;
(iii) the name of the supervising physical therapist; and
(iv) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(2) A physical therapist or a physical therapist assistant who is licensed in good standing in another jurisdiction of the U.S. or authorized to practice physical therapy without restriction in another country if the person is engaging in patient contact and treatment as either an instructor or participant while attending an educational seminar or activity in this state for not more than 60 days in a 12 month period.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the educational activity;
(ii) the name of the course or activity sponsor;
(iii) the location of the educational activity; and
(iv) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the educational activity.
(3) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is practicing physical therapy for not more than 60 days during a declared local, state, or national disaster or emergency.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the facility in which the individual will be practicing; and
(iii) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(4) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is displaced from the person's residence or place of employment due to a declared local, state, or national disaster and is practicing physical therapy in this state for not more than 60 days after the date the disaster is declared.
(A) The individual must submit written notification stating the following:
(i) the beginning and ending dates of the period of practice;
(ii) the name of the facility in which the individual will be practicing; and
(iii) a list of the jurisdictions in which the individual has held or currently holds a license.
(B) Written notification must be received by the board prior to the start date of the practice.
(5) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is a military service member or military spouse for the period during which the military service member to whom the military spouse is married is stationed at a military installation in Texas.
(A) The military service member or military spouse must submit written notification including the following:
(i) proof of the military service member or military spouse's residency in this state including a copy of the permanent change of station order for the military service member to whom the spouse is married;
(ii) a copy of the military service member or military spouse's military identification card; and
(iii) a list of the jurisdictions in which the military service member or military spouse has held or currently holds a license.
(B) The board will issue a written confirmation stating that:
(i) licensure in other jurisdictions has been verified;
(ii) the military service member or military spouse is authorized to practice physical therapy in the state; and
(iii) authorization does not exceed three years from the date the confirmation is received.
(C) This exemption establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that might be provided under federal law.
(c) For individuals exempt from licensure under subsection (b) of this section, the following applies:
(1) any jurisdiction of the U.S. that licenses physical therapists and physical therapist assistants is deemed to have substantially equivalent requirements for licensure;
(2) verification of licensure in other jurisdictions may be through online primary source verification; and
(3) the individual must comply with all of the laws and regulations applicable to the provision of physical therapy in Texas.

22 Tex. Admin. Code § 329.7

The provisions of this §329.7 adopted to be effective December 15, 2009, 34 TexReg 8967; Amended by Texas Register, Volume 44, Number 43, October 25, 2019, TexReg 6372, eff. 11/1/2019; Amended by Texas Register, Volume 46, Number 43, October 22, 2021, TexReg 7213, eff. 11/1/2021; Amended by Texas Register, Volume 48, Number 43, October 27, 2023, TexReg 6355, eff. 11/2/2023