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.
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.