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.
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