| (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.
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