Current through Reg. 49, No. 38; September 20, 2024
(a) The board may
revoke or suspend an existing valid license, disqualify a person from receiving
or renewing a license, or deny to a person the opportunity to be examined for a
license because of a person's conviction of a felony or misdemeanor if the
crime directly relates to the practice of physical therapy. Those crimes which
the board considers to be directly related to the duties and responsibilities
of a licensed physical therapist or physical therapist assistant shall include,
but are not limited to:
(1) any felony which
involves an act of fraud, dishonesty, or deceit;
(2) any criminal violation of the Act or
other statutes regulating or pertaining to physical therapy or the medical
profession;
(3) any crime involving
moral turpitude;
(4)
murder;
(5) assault;
(6) burglary;
(7) robbery;
(8) theft;
(9) rape or sexual abuse;
(10) patient/client abuse;
(11) injury to an elderly person;
(12) child molestation, abuse, endangerment,
or neglect;
(13) felony conviction
for driving while intoxicated, driving under the influence of alcohol or drugs,
or driving while ability is impaired;
(14) sale, distribution, or illegal
possession of narcotics, controlled substances, or dangerous drugs;
(15) tampering with a governmental
record;
(16) offenses which include
attempting or conspiring to commit any of the offenses in this
subsection.
(b) In
determining whether a crime not listed previously relates to physical therapy,
the board will consider:
(1) the nature and
seriousness of the crime;
(2) the
relationship of the crime to the purposes for requiring a license to practice
physical therapy;
(3) the extent to
which a license might offer opportunities to engage in further criminal
activity of the same type as that in which the person was previously
engaged;
(4) the relationship of
the crime to the ability, capacity, or fitness required to perform the duties
and to discharge the responsibilities of a physical therapist or physical
therapist assistant; and
(5) any
correlation between the elements of the crime and the duties and
responsibilities of a physical therapist or physical therapist
assistant.
(c) In review
of a complaint alleging that the respondent/applicant has been convicted of a
crime which directly relates to the duties and responsibilities of a physical
therapist or physical therapist assistant, the board shall consider the
following evidence in determining the respondent's/applicant's present fitness
to practice physical therapy:
(1) the extent
and nature of the person's past criminal activity;
(2) the age of the person at the time of
commission of the crime;
(3) the
amount of time that has elapsed since the person's last criminal
activity;
(4) the conduct and work
activity of the person before and after the criminal activity;
(5) evidence of the person's rehabilitation
or rehabilitative effort while incarcerated or after release;
(6) evidence of the person's compliance with
any condition of community supervision, parole, or mandatory supervision,
including letters of recommendation from prosecution, law enforcement, and
correctional officers who prosecuted, arrested, or had custodial responsibility
for the person; letters from the sheriff or chief of police where the person
resides; and other persons having contact with the convicted person;
and
(7) other evidence of the
person's fitness, including letters of recommendation, records of steady
employment, provision for dependents, payment of all court costs, supervision
fees, fines, and restitution if ordered as a result of the person's
conviction.
(d) The
burden and expense of providing and presenting the foregoing documentation to
the board shall be solely that of the respondent/applicant.
(e) A licensee or applicant is required to
report to the board a felony of which he is convicted within 60 days after the
conviction occurs.
