|(a) If in the course of a disciplinary proceeding,
it is found by the Appointed Board 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 Act or the rules of the TBPG, 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 property, safety, health, or welfare of the public
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) In order 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.
|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