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RULE §188.20Impaired Perfusionists

(a) Mental or physical examination requirement. The board may require a licensee 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 licensee is impaired. Impairment is present if one appears to be unable to practice 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. Probable cause may include, but is not limited to, any one of the following:

  (1) sworn statements from two people, willing to testify before the board or the State Office of Administrative Hearings that a certain licensee is impaired;

  (2) evidence that a licensee left a treatment program for alcohol or chemical dependency before completion of that program;

  (3) evidence that a licensee has engaged in the intemperate use of drugs or alcohol;

  (4) evidence of repeated arrests of a licensee for intoxication or drug use;

  (5) evidence of recurring temporary commitments of a licensee to a mental institution; or

  (6) medical records indicating that a licensee has an illness or condition which results in the inability to function properly in his or her practice.

(b) Chapter 180 of this title (relating to Texas Physician Health Program and Rehabilitation Orders) shall be applied to perfusionists who are believed to be impaired and eligible for the Texas Physician Health Program.

Source Note: The provisions of this §188.20 adopted to be effective July 7, 2016, 41 TexReg 4828

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