| (a) A physician/professional assigned by the Board
to monitor a probationer's practice ("monitor") may recommend that
the probationer complete a competency evaluation. A monitor's recommendation
for a competency evaluation must be reviewed by the Chair of the Disciplinary
Process and Review Committee ("DPRC") for the purpose of making a
determination of whether a competency evaluation is warranted. The
Chair may approve or deny the monitor's recommendation.
(b) Upon the DPRC Chair's approval of a recommendation
for a competency evaluation, the following procedure applies:
(1) Within a required timeframe as directed by the
compliance officer, after receiving written notice of the monitor's
recommendation for a competency evaluation, the probationer must contact
a program approved by the Board and schedule an assessment of at least
two days in length to determine the probationer's competence and ability
to practice medicine.
(2) The probationer shall authorize the approved program
to send a written report regarding the probationer's performance and
results of the competency evaluation directly to the compliance officer.
(c) Upon completion of the competency evaluation, and
based upon its results, the probationer must personally appear before
a panel of Board representatives, upon written request mailed to the
probationer's last known address on file with the Board at least 10
calendar days before the requested appearance date. The panel may
make recommendations for appropriate action, including that the probationer
follow all the program recommendations, other necessary re-training
or re-education measures, and any other restrictions or suspension
of the probationer's practice. Section 187.44 of this title (relating
to Probationer Show Compliance Proceedings) applies to such appearances.
(d) The Board may temporarily restrict or suspend a
probationer's license based upon the results of the competency evaluation
or the probationer's failure to follow any and all requirements set
forth in subsection (c) of this section. Chapter 187, Subchapter F
of this title (relating to Temporary Suspension and Restriction Proceedings)
applies to such proceedings.
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