State Board of Registration for the Healing Arts v. Boston

LISA WHITE HARDWICK, Judge.

This appeal involves the statutory interpretation of a recent amendment to § 334.655.3 1 , which bars candidates from taking the physical therapist assistant licensing examination more than three times. The issue, as raised by the State Board of Registration of the Healing Arts, is whether the statute must be applied to bar a candidate who failed the licensing examination three times prior to the effective date of the amendment. Based on legislative intent clearly expressed in the amendment and the procedural nature of the statute, we conclude that retrospective…