(a) After receiving a report of a refusal by a licensee
to submit to a requested medical or psychological examination, the
commission shall issue a show cause order requiring the licensee to
show cause for the refusal at a contested case hearing before SOAH.
(b) The contested case hearing shall be scheduled not
later than the 30th day after the date notice of the show cause order
is served on the licensee, which shall be provided by personal service
or by registered mail, return receipt requested.
(c) The licensee may appear at the contested case hearing
in person and by counsel and present evidence to justify the licensee's
refusal to submit to the requested examination. Pursuant to Texas
Occupations Code §1701.167(i), records relating to a request
or order of the commission or a hearing or examination conducted under
Texas Occupations Code §1701.167, including, if applicable, the
identity of the person notifying the commission that a licensee may
not meet the standards required under the adopted agency policy, are
confidential.
(d) If it is determined that the licensee did not have
good cause to refuse the medical or psychological examination, the
commission shall issue an order suspending indefinitely or otherwise
restricting the licensee's license until the licensee submits to the
requested examination. If it is determined that the licensee did have
good cause to refuse the medical or psychological examination, the
commission shall issue an order withdrawing the request for the examination.
(e) The commission's order is subject to judicial review
under Chapter 2001, Government Code.
(f) The effective date of this section is September
1, 2024.
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