(a) If in the course of a disciplinary proceeding,
the Appointed Board finds that a Professional Geoscientist's abuse
of alcohol or a controlled substance, as defined by the Texas Controlled
Substances Act, Chapter 481, Texas Health and Safety Code, contributed
to a violation of the TBPG Act or rules, the Appointed Board may condition
its disposition of the disciplinary matter on the Professional Geoscientist's
completion of a rehabilitation program approved by the Department
of State Health Services.
(b) A Professional Geoscientist's abuse of alcohol
or a controlled substance that results in the impairment of the Professional
Geoscientist's professional skill so as to cause or potentially cause
a threat to the public health, safety, and welfare may be deemed "Gross
Incompetency" and may be grounds for revocation or suspension of a
Professional Geoscientist's license or other appropriate disciplinary
actions provided by the Act.
(c) To determine whether abuse of alcohol or a controlled
substance contributed to a violation or whether the continued professional
practice of a licensee is a threat to the public safety the Appointed
Board may order an examination by one or more licensed health care
providers authorized to provide diagnosis or treatment of substance
abuse.
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Source Note: The provisions of this §851.109 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947 |