1. (a) A foreign-trained applicant must complete the license application process as set out in §329.1 of this title (relating to General Licensing Procedure), if applying for licensure by examination, or as set out in §329.6 of this title (relating to Licensure by Endorsement), if applying for licensure by endorsement.
2. (b) The board will issue a license only after the applicant is physically in the United States and has met all requirements for the license.

3. (c) Designated representative letter.

   1. (1) An applicant may designate a person as a representative by providing in writing to the board the name, telephone number, and address of the person and by stating in the letter that the person will be the designated representative for the applicant.
   2. (2) This letter must be notarized by a notary of the country in which the applicant resides and sent directly to the board. A copy should be sent to the representative by the applicant.
   3. (3) A designated representative may obtain confidential information regarding the application.
   4. (4) A designated representative of an applicant will remain so until the applicant receives his permanent license or until the board is notified in writing by the applicant that the designated representative has been eliminated or replaced. An applicant may have only one designated representative at any time.
   5. (5) The designated representative is not required by the board to have power of attorney for the applicant. A person who does have power of attorney for an applicant may not submit any document that is required by the board to be signed by the applicant and notarized. Documents submitted by a person with power of attorney for the applicant must be submitted in accordance with all requirements set by the Act and rules regarding these documents. Any falsification of documents required for licensing submitted by a designated representative or a person with power of attorney for the applicant may result in denial of license or other penalties to the applicant.

4. (d) Credentials evaluation. A foreign trained applicant must submit to the board a credentials 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. It is the applicant's responsibility to pay the expenses associated with the credentials evaluation.

   1. (1) The credentials evaluation must provide evidence and documentation that the applicant's education outside a state or territory of the United States 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). The evaluation must also establish that the institution at which the applicant's received his physical therapy education is recognized by the Ministry of Education or the equivalent agency in that country.

   2. (2) To determine substantial equivalency, the approved credentialing evaluation entity shall use the Course Work Tool (CWT) adopted by the Federation of State Boards of Physical Therapy.

      1. (A) The entity may use the version of the CWT in place at the time the foreign-trained applicant graduated from his physical therapy program, or the latest edition of the CWT, at the request of the applicant.
      2. (B) If the applicant's education has already been evaluated using an appropriate version of the CWT and all educational requirements were met, the board will accept a copy of the evaluation from an approved credentialing entity or a state in which the applicant holds or has held a physical therapy license.
   3. (3) If the credentialing entity determines that the physical therapy education is 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 College Level Examination Placement (CLEP) or other college advanced placement exams to complete up to 14 hours, but no more than 4 courses, of general education requirements.
   4. (4) 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 the CWT.
   5. (5) An evaluation prepared by 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.

5. (e) English language proficiency. A foreign-trained applicant must demonstrate his ability to communicate in English by making the minimum score accepted by the board on the TOEFL tests administered by the Educational Testing Service (ETS). Minimum acceptable scores are as follows: Paper based TOEFL tests (pbt) - TOEFL (reading/comprehension) 580; TWE (writing/essay) 5.0; TSE (speaking) 55; Computer-based TOEFL tests (cbt) - TOEFL (reading/comprehension) 237; TWE (writing/essay) 5.0; TSE (speaking) 55; Internet-based (ibt) - Writing 24; Speaking 26; Reading Comprehension 21; Listening Comprehension 18.

   1. (1) This requirement is waived for graduates of entry-level physical therapy programs in Australia, Canada (except Quebec), Ireland, New Zealand and the United Kingdom, and for graduates of entry-level programs accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE) at time of graduation. For graduates of entry-level physical therapy programs in other countries, the Board may grant an exception to the English language proficiency requirements under the following conditions:

      1. (A) the applicant holds a current license in physical therapy in another state and has been licensed in the another state in the U.S. for 10 years prior to application.
      2. (B) The applicant submits satisfactory proof that he/she is a citizen or lawful permanent resident of the U.S., and has attended four or more years of secondary or post-secondary education in the U.S.
   2. (2) With a score of 50 on the paper-based and computer-based Test of Spoken English (TSE), the board will allow the applicant to submit three original, notarized letters of recommendation from individuals who have practical knowledge of the applicant's ability to communicate successfully in spoken English. Individuals who provide this written testimony must be native English speakers, cannot be related by blood or marriage to the applicant, and at least one of the letters must be from a PT licensed to practice in the U.S. These letters must be submitted by their authors directly to the board. At the board's discretion, the letters may be considered satisfactory evidence of proficiency in spoken English.

Source Note:The provisions of this §329.5 adopted to be effective November 11, 1993, 18 TexReg 7546; amended to be effective October 26, 1994, 19 TexReg 8112; amended to be effective January 3, 1995, 19 TexReg 10099; amended to be effective April 12, 1995, 20 TexReg 2385; amended to be effective November 6, 1995, 20 TexReg 8794; amended to be effective May 8, 1996, 21 TexReg 3709; amended to be effective July 12, 1996, 21 TexReg 6079; amended to be effective April 28, 1997, 22 TexReg 3589; amended to be effective October 29, 1997, 22 TexReg 10508; amended to be effective April 19, 1999, 24 TexReg 2936; amended to be effective October 21,1999, 24TexReg8977; amended to be effective February 18, 2001, 26 TexReg 1338; amended to be effective August 15, 2001, 26 TexReg 6021; amended to be effective October 13, 2002, 27 TexReg 9327; amended to be effective March 29, 2004, 29 TexReg 3175; amended to be effective March 15, 2006, 31 TexReg 1299; amended to be effective September 18, 2006, 31 TexReg 8000; amended to be effective May 30, 2007, 32 TexReg 2862; amended to be effective May 6, 2008, 33 TexReg 3643; amended to be effective December 14, 2009, 34 TexReg 8967.