An applicant for a regular license as a physical therapist
or physical therapist assistant shall submit to the Board, verified by oath,
written evidence in form and content satisfactory to the Board that the
applicant:
1. Is of good moral
character which is defined as:
a. "Good moral
character" is a pattern of behavior conforming to the profession's ethical
standards and behavior that indicates honesty and truthfulness, integrity,
respect among the community for lawful behavior, respect for the rights of
others, and obedience to the lawful directives of public officers or officials
or persons charged with the enforcement of the law and showing an absence of
moral turpitude.
2. A
determination of good moral character shall be based on acts that reflect moral
turpitude and upon the consideration of all aspects of a person's character as
exemplified by his or her behavior and shall include, but not necessarily be
limited to, consideration of the following:
a. Evidenced among other things of having
neither a conviction nor a plea of guilty or nolo contendre, probation,
pretrial diversion or payment of any fine for a felony or a misdemeanor
involving moral turpitude, regardless of whether the matter is under appeal by
the applicant. Fitness for service as it relates to moral character must be
verified by an appropriate background investigation.
b. Disciplinary action taken against any
professional license, registration or certification held by the applicant by
applicable governmental authority of any state, territory or political
subdivision of the United States or any other jurisdiction.
c. Whether an applicant has been guilty of
conduct or practices in this state or elsewhere which would constitute grounds
for disciplinary action under the Board's laws, rules and/or regulations.
d. Civil lawsuits and
administrative action bearing upon moral character such as fraud,
misrepresentation, theft, assault and battery.
e. The applicant's prior history of
unlicensed practice of a regulated profession in this state.
f. Conduct that violates any of the
provisions in the Code of Professional Ethics, Guidelines and Standards
established by the American Physical Therapy Association.
g. Conduct involving dishonesty, fraud, or
attempted deception.
h. Conduct
involving misrepresentation.
i.
Conduct that would adversely reflect on a person's fitness to perform physical
therapy.
3. In
determining a person's good moral character when there is evidence of the
conduct described above in subsection 2 of this Rule, the Board will also
consider the following factors:
a. The nature
of the criminal offense(s) or conduct which gave rise to the disciplinary,
civil or administrative action.
b.
The age of the applicant at the time of the criminal conviction(s) or conduct
which give rise to the disciplinary, civil or administrative action.
c. The number of criminal convictions or
number of disciplinary, civil or administrative actions taken against the
applicant.
d. The nature and
severity of the sentence or sanction imposed for each criminal conviction or
disciplinary, civil or administrative action.
e. Whether the probation period given in a
conviction has been completed and fully satisfied to include fines, court
costs, and other conditions of probation.
f. Whether restitution ordered by a court in
a criminal conviction or civil judgement has been fully satisfied.
g. Satisfactory completion of all terms of a
criminal conviction(s) or disciplinary action.
4. The burden of demonstrating that the
applicant possesses the good moral character required for licensure shall rest
with the applicant.
5. Has
graduated from a physical therapist or a physical therapist assistant program
accredited by an agency recognized by the US Department of Education, Office on
Postsecondary Education and has paid an application fee not to exceed double
the price of the examination, no part of which shall be refundable.
6. Has passed an examination approved by the
Board with the minimum passing score set by the Board and published annually;
and
a. An applicant who has taken the exam
more than six times in any jurisdiction and who is not licensed is not eligible
to sit for the examination in Mississippi.
b. Has paid the required fee(s);
c. Has valid social security number; and
d. Applicants for licensure must
pass the Board's jurisprudence exam.
Miss. Code Ann.
§§ 73-23-43(l)(e), 73-23-47 and 73-23-49 (Rev.
2008).
