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RULE §343.9Licensure of Persons with Criminal Convictions

(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 Physical Therapy Practice 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; and

  (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.

(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) conduct and work activity of the person prior to and after criminal activity;

  (4) evidence of rehabilitation while incarcerated or following release;

  (5) notarized 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

  (6) 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.

Source Note: The provisions of this §343.9 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64.

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