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RULE §194.30Impaired Individuals

(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.

Source Note: The provisions of this §194.30 adopted to be effective April 3, 2017, 42 TexReg 1763

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