1. (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. (1) any felony which involves an act of fraud, dishonesty, or deceit;
   2. (2) any criminal violation of the Physical Therapy Practice Act or other statutes regulating or pertaining to physical therapy or the medical profession;
   3. (3) any crime involving moral turpitude;
   4. (4) murder;
   5. (5) assault;
   6. (6) burglary;
   7. (7) robbery;
   8. (8) theft;
   9. (9) rape or sexual abuse;
   10. (10) patient/client abuse;
   11. (11) injury to an elderly person;
   12. (12) child molestation, abuse, endangerment, or neglect;
   13. (13) felony conviction for driving while intoxicated, driving under the influence of alcohol or drugs, or driving while ability is impaired;
   14. (14) sale, distribution, or illegal possession of narcotics, controlled substances, or dangerous drugs;
   15. (15) tampering with a governmental record;
   16. (16) offenses which include attempting or conspiring to commit any of the offenses in this subsection.

2. (b) In determining whether a crime not listed previously relates to physical therapy, the board will consider:

   1. (1) the nature and seriousness of the crime;
   2. (2) the relationship of the crime to the purposes for requiring a license to practice physical therapy;
   3. (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. (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.

3. (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. (1) the extent and nature of the person's past criminal activity;
   2. (2) the age of the person at the time of commission of the crime;
   3. (3) conduct and work activity of the person prior to and after criminal activity;
   4. (4) evidence of rehabilitation while incarcerated or following release;
   5. (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. (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.
4. (d) The burden and expense of providing and presenting the foregoing documentation to the board shall be solely that of the respondent/applicant.
5. (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.