| (a) A request for a modification/termination hearing
or reinstatement hearing must be submitted in writing by the probationer.
The writing must specifically detail the requested desired action.
A probationer must be in full compliance with all the terms and conditions
of his or her order to be eligible for the board to consider modification
or termination of an order unless the modification or termination
relates to the factors outlined in §187.43(d)(2) of this title
(relating to Proceedings for the Modification/Termination of Agreed
Orders and Disciplinary Orders).
(b) If a probationer is determined to be eligible for
a hearing according to the terms of the order, §187.43 of this
title, and Chapter 167 of this title (relating to Reinstatement and
Reissuance) (as applicable), a date and time for the hearing shall
be set and the probationer shall be notified in writing. If prior
to the date of the meeting the probationer becomes the subject of
a board investigation, the petition will be withdrawn and the meeting
will be cancelled. For such petitions that are withdrawn, the probationer
will not be eligible to submit a new petition for modification or
termination until the board investigation and board action, if any,
is resolved.
(c) If the probationer desires to submit evidence for
consideration by the board's representatives, the probationer must
provide at least three copies of all evidence no less than ten calendar
days prior to the hearing. The board's representatives may refuse
to consider evidence not timely submitted.
(d) When considering a modification or termination
request, the board's representatives must make a determination of
the probationer's full compliance as defined in §187.43(f) of
this title. When considering a reinstatement request, the board's
representatives must make a determination of the probationer's eligibility
under Chapter 167 of this title.
(e) In addition, when considering a modification, termination,
or reinstatement request, the board's representatives may also consider:
(1) evidence presented by the probationer;
(2) the existence of prior orders; and
(3) any information or evidence the board's representatives
deem necessary to make an informed decision.
(f) If the modification or termination request is recommended
by a board panel to be granted, but prior to full board review or
approval the probationer becomes the subject of a board investigation,
the panel's recommendation will be withdrawn from the board's consideration
for approval. For such petitions that are withdrawn, the probationer
will not be eligible to submit a new petition for modification or
termination until the board's investigation and board action, if any,
is resolved.
(g) If a probationer is requesting a reinstatement
hearing, the probationer must submit evidence of completion of any
required stipulations prior to the hearing being set.
(h) In addition to requirements, set forth in §167.2
of this title (relating to Procedure for Requests for Reinstatement)
a probationer requesting reinstatement of a license must prove that
the probationer is mentally, physically, clinically, and otherwise
competent to return to the practice of medicine.
(i) The decision to modify or terminate all or any
part of an order is at the sole discretion of the board unless otherwise
specified in the order.
(j) A probationer under a remedial plan may not request
modification or termination of the remedial plan unless the plan specifically
grants the probationer the right to request modification of termination
of the remedial plan.
|
| Source Note: The provisions of this §189.7 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective July 9, 2015, 40 TexReg 4357 |
