SECTION 343.35. Complaint Investigation and Disposition

(a) Complaints shall be assigned a priority status in the following categories:

(1) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving actual deception, fraud or injury to clients or the public or a high probability of immediate deception, fraud, or injury to clients or the public;

(2) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving a high probability of potential deception, fraud, or injury to clients or the public;

(3) those indicating that credible evidence exists showing a violation of the Physical Therapy Practice Act involving a potential for deception, fraud, or injury to clients or the public;

(4) all other complaints.

(b) Not later than the 30th day after a complaint is received, the staff shall place a timeline for completion, not to exceed one year, in the investigative file and notify all parties to the complaint. Any change in the timeline must be noted in the file and all parties notified of the change not later than seven days after the change was made. For purposes of this rule, completion of an investigation in a disciplinary matter occurs when:

(1) staff determines there is insufficient evidence to demonstrate a violation of the act, board rules, or a board order; or

(2) staff determines there is sufficient evidence to demonstrate a violation of the act, board rules, or board order and drafts proposed formal charges.

(c) The staff shall provide summary data of complaints extending beyond the complaint timeline to the board so that the board may take necessary action on the complaint.

(d) The board shall keep an information file on each complaint submitted to the board. The file will be kept current and include a record of all persons contacted in relation to the complaint, notes about the findings throughout the complaint process, and other relevant information.

(e) The Investigation Committee may determine when and if a private investigator is needed for processing of a complaint.

Source Note: The provisions of this §343.35 adopted to be effective April 12, 1995, 20 TexReg 2386; amended to be effective March 1, 2018, 43 TexReg 777