Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 343 - CONTESTED CASE PROCEDURE
Section 343.1 - Definitions
Current through Reg. 49, No. 38; September 20, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Texas Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e.
(2) Agency--The Board of Physical Therapy Examiners.
(3) APTRA--The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a.
(4) Applicant--A qualified individual who presents application for licensure as a physical therapist or physical therapist assistant or for reinstatement of a previously suspended or revoked license.
(5) Board--The members of the Board of Physical Therapy Examiners who are appointed pursuant to Texas Civil Statutes, Article 4512e.
(6) Board order--A final decision of the board issued in a contested proceeding or in lieu of such proceeding, which may include findings of fact and conclusions of law, separately stated.
(7) Complaint--A written statement of allegations filed with the board which includes a statement of the matters asserted, including any supporting documentation available, the filing of which may initiate a contested case proceeding.
(8) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing.
(9) Disciplinary action--Imposition of a sanction by the board which may include reprimand, suspension, probation, or revocation of a license, or other appropriate requirements.
(10) Executive director--The executive director of the Board of Physical Therapy Examiners.
(11) Licensee--A person who holds a license either permanent or temporary under the Physical Therapy Practice Act.
(12) Moral turpitude--Baseness, vileness, or dishonesty of a high degree.
(13) Notice--A statement of intended date, time, place, and nature of a hearing, and the legal authority and jurisdiction under which a hearing is to be held. Notice may include a formal complaint filed to initiate a contested case proceeding.
(14) Party--Each person with a sufficient legal, economic, or other interest to be named or admitted as such by the agency to a contested case proceeding before the agency.
(15) Probation--Each person whose license is suspended is placed on probation for the length of the suspension.
(16) Reinstatement--The individual with a revoked license must demonstrate or supply evidence to the board of his or her rehabilitation or current fitness to hold a license. Reinstatement petitions shall be considered no sooner than 180 days after the revocation order becomes final and enforceable.
(17) Reprimand--A public and formal censure against a license.
(18) Respondent--A person who has been made the subject of a formal or informal complaint alleging violation of the Texas Physical Therapy Practice Act or rules, regulations, or orders of the Board of Physical Therapy Examiners.
(19) Revocation--The withdrawal or repeal of a license. Revocation is established for minimum period of one year.
(20) Staff--The investigative staff of the Board of Physical Therapy Examiners.
(21) Suspension--The temporary withdrawal of a license. The board may suspend for one day or a designated number of years or until a specified event occurs.
