Determination of Competency

PURPOSE: Due to the passage of Senate Bill 788, this rule complies with the provisions of section 334.613.2(24), RSMo, and specifies the procedures to be followed under this statute in determining competency. (1) Whenever the board has reason to believe that a physical therapist or physical therapist assistant is unable to practice with reasonable skill and safety due to reasons of incompetency, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or as a result of any mental or physical condition, the board may hold a hearing to determine whether probable cause exists to reexamine to establish competency, to examine a pattern and practice of professional conduct, or to examine to determine mental or physical competency, or both. (2) Notice of the probable cause hearing shall be served on the licensee within a reasonable amount of time before the hearing, but in no event later than ten (10) days before the hearing. (3) Following the probable cause hearing and upon a finding by the board that probable cause exists to determine a physical therapist’s or physical therapist assistant’s competency, the board shall issue an order setting forth the allegations leading to a finding of probable cause, the method of further determination of competency and the time frame for determination. The method of determination of competency may include taking the national licensure examination or other examination approved by the board or submitting to a multidisciplinary evaluation by a facility or professional approved by the board. AUTHORITY: section 334.125, RSMo 2000 and sections 334.615 and 334.687, RSMo Supp. 2008.* Original rule filed March 30, 2009, effective Nov. 30, 2009. *Original authority: 334.125, RSMo 1959, amended 1993, 1995; 334.615, RSMo 2008; and 334.687, RSMo 2008.