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, Occupations
Code, Chapter 453.
(2) Agency--The Executive Council of Physical Therapy &
Occupational Therapy Examiners.
(3) 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.
(4) Board--The Texas Board of Physical Therapy Examiners
whose members are appointed pursuant to Occupations Code, Chapter
453.051.
(5) Board order--A final decision of the board issued
in a contested or uncontested proceeding, which may include findings
of fact and conclusions of law, separately stated.
(6) 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.
(7) Contested case--A proceeding in which the legal
rights, duties, or privileges of a party are to be determined by the
board after an opportunity for adjudicative hearing.
(8) Disciplinary action--Imposition of a sanction by
the board which may include reprimand, suspension, probation, or revocation
of a license, or other appropriate requirements.
(9) Executive director--The chief officer of the Executive
Council of Physical Therapy & Occupational Therapy Examiners.
(10) Informal Settlement Conference (ISC) -- a conference
designed to resolve contested cases by informally disposing of matters
by agreement and voluntary settlement without the need for a formal
hearing at the State Office of Administrative Hearings (SOAH).
(11) Investigation Committee -- a standing committee
of the board that reviews complaint investigations with recommendation
of appropriate action made to the board.
(12) Licensee--A person who holds a license either
permanent or temporary under the Act.
(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--A person or a state agency named or admitted
as a party in a contested case proceeding.
(15) Probation--A period of time when a license is
subject to conditions or limitations.
(16) Reinstatement--To reactivate a license that was
previously revoked or voluntarily surrendered.
(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 Act, rules,
other laws or regulations, or orders of the board.
(19) Revocation--The withdrawal or repeal of a license.
(20) Staff--The investigative staff of the board.
(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.
(22) Voluntary surrender--The act of relinquishing
a license at the will of the licensee in lieu of disciplinary action.
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| Source Note: The provisions of this §343.1 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective August 17, 2014, 39 TexReg 6054; amended to be effective November 15, 2024, 49 TexReg 8912 |
