Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 343 - CONTESTED CASE PROCEDURE › Section 343.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.