|(a) Mental or physical examination requirement.
(1) The board may require a person subject to the Act
to submit to a mental and/or physical examination by a physician or
physicians designated by the board if the board has probable cause
to believe that the person is impaired. Impairment is present if one
appears to be unable to practice radiologic technology with reasonable
skill and safety to patients by reason of age, illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other type of
material; or as a result of any mental or physical condition.
(2) Probable cause may include, but is not limited
to, any one of the following:
(A) sworn statements from two people, willing to testify
before the board, the medical board, or the State Office of Administrative
Hearings that the person subject to the Act is impaired;
(B) evidence that a person subject to the Act left
a treatment program for alcohol or chemical dependency before completion
of that program;
(C) evidence that a person subject to the Act is guilty
of intemperate use of drugs or alcohol;
(D) evidence of repeated arrests of a person subject
to the Act for intoxication;
(E) evidence of recurring temporary commitments of
a person subject to the Act to a mental institution;
(F) medical records indicating that a person subject
to the Act has an illness or condition which results in the inability
to function properly in his or her practice; or
(G) actions or statements by a person subject to the
Act at a hearing conducted by the Board that gives the Board reason
to believe that the person has an impairment.
(3) Upon presentation to the Executive Director of
probable cause, the board authorizes the Executive Director to write
the person requesting that he or she submit to a physical or mental
examination within 30 days of the receipt of the letter from the Executive
Director. The letter shall state the reasons for the request for the
mental or physical examination, the physician or physicians the Executive
Director has approved to conduct such examinations, and the date by
which the examination and the results are to be received by the Board.
(4) If the person to whom a letter requiring a mental
or physical examination is sent refuses to submit to the examination,
the board, through its Executive Director, shall issue an order requiring
the person to show cause why he or she should not be required to submit
to the examination and shall schedule a hearing on the order not later
than the 30 days after the date on which the notice of the hearing
is provided to the person. The person shall be notified by either
personal service or certified mail with return receipt requested.
(5) At the show cause hearing provided in for in paragraph
(4) of this subsection, a panel of the board's representatives shall
determine whether the person shall submit to an evaluation or that
the matter shall be closed with no examination required.
(A) At the hearing, the person and his or her attorney,
if any, are entitled to present testimony and other evidence showing
that he or she should not be required to submit to the examination.
(B) If, after consideration of the evidence presented
at the show cause hearing, the panel determines that the person shall
submit to an examination, the board's representatives shall, through
the Executive Director, issue an order requiring the examination within
60 days after the date of the entry of the order requiring examination.
The individual is entitled to cross-examine an expert who offers testimony
at hearing before the board.
(C) If the panel determines that no such examination
is necessary, the panel will withdraw the request for examination.
(D) The results of any board-ordered mental or physical
examination are confidential shall be presented to the board under
seal for it to take whatever action is deemed necessary and appropriate
based on the results of the mental or physical examination. The individual
required to take the examination shall be provided the results of
an examination and given the opportunity to provide a response at
least 30 days before the board takes action.
(6) In fulfilling its obligations under §601.052
of the Act, the board shall refer the affected individual to the most
appropriate medical specialist for evaluation. The board may not require
a person to submit to an examination by a physician having a specialty
specified by the board unless medically indicated. The board may not
require an individual to submit to an examination to be conducted
an unreasonable distance from the person's home or place of business
unless he or she resides and works in an area in which there are a
limited number of physicians able to perform an appropriate examination.
(7) The guidelines adopted under this subsection do
not impair or remove the board's power to make an independent certification,
registration, permitting, or disciplinary decision unless a temporary
suspension is convened.
(b) Chapter 180 of this title (relating to Texas Physician
Health Program and Rehabilitation Orders) shall be applied to individuals
subject to the Act and who are believed to be impaired and eligible
for the Texas Physician Health Program.