Texas Administrative Code

Texas Administrative Code

TITLE 22	EXAMINING BOARDS
PART 16	TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
CHAPTER 343	CONTESTED CASE PROCEDURE
RULE §343.5	Licensure of Persons with Substance Abuse or Addiction

(a) The board may deny a license to or discipline an applicant/respondent who used drugs or intoxicating liquors to an extent that affects the license holder's or applicant’s professional competence.

(b) In review of a complaint alleging intemperate use of drugs or alcohol by a respondent/applicant, the board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice physical therapy:

(1) documentation demonstrating the degree of sobriety obtained;

(2) documentation showing completion of a drug or alcohol rehabilitation program;

(3) evidence of participation in board-accepted aftercare;

(4) a current status report from a drug/alcohol abuse counselor or board-accepted aftercare sponsor; and

(5) letters of recommendation.

(c) The burden to provide the foregoing documentation to the board shall be solely at the expense of the respondent/applicant.

(d) Provided that the licensee participates in a substance abuse recovery program acceptable to the board, the license may continue on a probationary status with conditions set forth by the full board. Failure to comply and maintain the complete condition of the probation will cause immediate revocation of the license.

Source Note: The provisions of this §343.5 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256