Florida Regulations 64B17-7.003: Reinstatement of License
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(1) When the Board has suspended or otherwise restricted the license of a Physical Therapist or Physical Therapist Assistant, the licensee may petition the Board for reinstatement or removal of restrictions. The Board shall reinstate a suspended license, or remove restrictions, upon its finding that the licensee has complied with all terms and conditions of the final order and the licensee possesses the present ability to safely practice physical therapy.
(2) Where a license has been suspended or otherwise restricted for a specific period of time, and the licensee is seeking reinstatement or removal of restrictions prior to completion of the specified period, the Petition shall contain sufficient facts to allow the Board to find:
(a) The licensee has complied with all terms and conditions of the final order, excluding completion of the specified time period;
(b) The licensee possesses the present ability to safely practice physical therapy; and,
(c) Continuation of suspension or restriction of the license presents an undue hardship on the licensee and is not necessary for the continued protection of the public health, safety and welfare.
(3) In order to demonstrate the present ability to safely practice physical therapy, a licensee shall submit evidence which may include, as applicable:
(a) Completion of continuing education courses required by the final order;
(b) Submission of evaluations of mental and/or physical examinations by appropriate professionals which attest to the licensee’s present ability to safely engage in practice, or conditions under which safe practice can be attained.
(c) Compliance with prescribed treatment within a program designed to alleviate alcohol, drug, or other chemical dependencies, including necessary aftercare measures or a plan for continuation of such treatment as appropriate.
(d) If action was taken against the license based on conviction or being found guilty of, or entry of a plea of nolo contendere to, a crime, proof that all criminal sanctions imposed by the court have been satisfied.
(e) If discipline was imposed against a Florida license based on action taken against the license or authority to practice by the licensing authority of another jurisdiction, proof that the licensee has satisfied all terms and conditions imposed by that licensing authority.
(f) The licensee’s employment history, personal and professional references, or other factors not enumerated, which demonstrate the licensee’s rehabilitation and present ability to safely engage in the practice of physical therapy.
(4) All petitions for reinstatement or removal of restrictions must contain sufficient facts to allow the Board to determine the licensee’s compliance with the final order and present ability to safely practice. The licensee must submit all documentation supporting the petition prior to the Board meeting at which the Board will consider the petition.
(5) If the Board reinstates the license of the petitioner, it may order reasonable conditions of probation or participation in the Professional Resources Network (PRN), as those conditions are related to the violations that resulted in the final order imposing discipline. In determining whether to impose conditions or PRN participation, the Board will consider how long the licensee has been out of practice, whether and to what extent practice problems led to the disciplinary action, and whether mental, physical, or substance abuse problems led to the disciplinary action.
Rulemaking Authority 486.025 FS. Law Implemented Florida Statutes § 486.125. History-New 8-2-90, Formerly 21MM-7.004, 61F11-7.004, Amended 4-10-96, Formerly 59Y-7.004, Amended 9-30-15.
Terms Used In Florida Regulations 64B17-7.003
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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.
- 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.
(a) The licensee has complied with all terms and conditions of the final order, excluding completion of the specified time period;
(b) The licensee possesses the present ability to safely practice physical therapy; and,
(c) Continuation of suspension or restriction of the license presents an undue hardship on the licensee and is not necessary for the continued protection of the public health, safety and welfare.
(3) In order to demonstrate the present ability to safely practice physical therapy, a licensee shall submit evidence which may include, as applicable:
(a) Completion of continuing education courses required by the final order;
(b) Submission of evaluations of mental and/or physical examinations by appropriate professionals which attest to the licensee’s present ability to safely engage in practice, or conditions under which safe practice can be attained.
(c) Compliance with prescribed treatment within a program designed to alleviate alcohol, drug, or other chemical dependencies, including necessary aftercare measures or a plan for continuation of such treatment as appropriate.
(d) If action was taken against the license based on conviction or being found guilty of, or entry of a plea of nolo contendere to, a crime, proof that all criminal sanctions imposed by the court have been satisfied.
(e) If discipline was imposed against a Florida license based on action taken against the license or authority to practice by the licensing authority of another jurisdiction, proof that the licensee has satisfied all terms and conditions imposed by that licensing authority.
(f) The licensee’s employment history, personal and professional references, or other factors not enumerated, which demonstrate the licensee’s rehabilitation and present ability to safely engage in the practice of physical therapy.
(4) All petitions for reinstatement or removal of restrictions must contain sufficient facts to allow the Board to determine the licensee’s compliance with the final order and present ability to safely practice. The licensee must submit all documentation supporting the petition prior to the Board meeting at which the Board will consider the petition.
(5) If the Board reinstates the license of the petitioner, it may order reasonable conditions of probation or participation in the Professional Resources Network (PRN), as those conditions are related to the violations that resulted in the final order imposing discipline. In determining whether to impose conditions or PRN participation, the Board will consider how long the licensee has been out of practice, whether and to what extent practice problems led to the disciplinary action, and whether mental, physical, or substance abuse problems led to the disciplinary action.
Rulemaking Authority 486.025 FS. Law Implemented Florida Statutes § 486.125. History-New 8-2-90, Formerly 21MM-7.004, 61F11-7.004, Amended 4-10-96, Formerly 59Y-7.004, Amended 9-30-15.