(a) If in the course of a disciplinary proceeding, it is found
by the Board that a Landscape Architect's abuse of alcohol or a controlled
substance, as defined by the Texas Controlled Substances Act, Chapter 481,
Health and Safety Code, contributed to a violation of the Act or the Rules
and Regulations of the Board, the Board may condition its disposition of the
disciplinary matter on the Landscape Architect's completion of a rehabilitation
program approved by the Texas Commission on Alcohol and Drug Abuse that may
include rehabilitation at a facility also approved by the Commission.
(b) A Landscape Architect's abuse of alcohol or a controlled
substance that results in the impairment of the Landscape Architect's professional
skill so as to cause a direct threat to the property, safety, health, or welfare
of the public may be deemed "Gross Incompetency" and may be grounds for the
indefinite suspension of a Landscape Architect's certificate of registration
until such time as he or she is able to demonstrate to the Board's satisfaction
that the reasons for suspension no longer exist and that the termination of
the suspension would not endanger the public.
(c) In order to determine whether abuse of alcohol or a controlled
substance contributed to a violation or has resulted in "gross incompetency,"
the Board may order an examination by one or more health care providers trained
in the diagnosis or treatment of substance abuse.
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