Texas Occupations Code 453.351 – Grounds for Denial of License or Discipline of License Holder
(a) The board may deny a license or suspend or revoke a license, place a license holder on probation, reprimand a license holder, impose an administrative penalty, or otherwise discipline a license holder if the applicant or license holder has:
(1) except as provided by § 453.302, provided care to a person outside the scope of the physical therapist’s practice;
(2) used drugs or intoxicating liquors to an extent that affects the license holder’s or applicant’s professional competence;
(3) been convicted of a felony, including a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere, in this state or in any other state or nation;
(4) obtained or attempted to obtain a license by fraud or deception;
(5) been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant;
(6) been found to be mentally incompetent by a court;
(7) practiced physical therapy in a manner detrimental to the public health and welfare;
(8) had a license to practice physical therapy revoked or suspended or had other disciplinary action taken against the license holder or applicant;
(9) had the license holder’s or applicant’s application for a license refused, revoked, or suspended by the proper licensing authority of another state or nation; or
(10) in the case of a physical therapist assistant, treated a person other than under the direction of a physical therapist.
(b) The board shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of this chapter or a rule adopted by the board.
Terms Used In Texas Occupations Code 453.351
- Fraud: Intentional deception resulting in injury to another.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- Verdict: The decision of a petit jury or a judge.
(c) If a license suspension is probated, the board may require the license holder to:
(1) report regularly to the board on matters that are the basis of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.