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RULE §277.3Probation

(a) The Board shall have the right and may upon majority vote rule that an order denying an application for license or any order canceling, suspending, or revoking any license be probated so long as the probated practitioner conforms to such orders and rules as the Board may set out in the terms of the probation. The Board, at the time of its decision to probate the practitioner, shall set out the period of time which shall constitute the probationary period; provided, however, that the Board may at any time while the practitioner remains on probation upon majority vote rescind the probation and enforce the Board's original action denying, suspending, or revoking such license for violation of the terms of the probation or for other good cause as the Board in its discretion may determine. To rescind the probation shall require a formal disciplinary hearing and be conducted as a contested case within the meaning of the APA.

(b) The Executive Director shall maintain a chronological and alphabetical listing of licensees who have had their license canceled, suspended, or revoked, and shall monitor each consent order in respect to each license holder's specific sanction. Any noncompliance observed as a result of monitoring shall be referred to the Board.

Source Note: The provisions of this §277.3 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective February 12, 2023, 48 TexReg 680

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