|(a) If in the course of a disciplinary proceeding, it is found
by the Board that an Architect's abuse of alcohol or a controlled substance,
as defined by the Texas Controlled Substances Act, Chapter 481, Health and
Safety Code, contributed to a violation of the Act or the Rules and Regulations
of the Board, the Board may condition its disposition of the disciplinary
matter on the Architect's completion of a rehabilitation program approved
by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation
at a facility also approved by the Commission.
(b) An Architect's abuse of alcohol or a controlled substance
that results in the impairment of the Architect's professional skill so as
to cause a direct threat to the property, safety, health, or welfare of the
public may be deemed "Gross Incompetency" and may be grounds for the indefinite
suspension of an Architect's certificate of registration until such time as
he or she is able to demonstrate to the Board's satisfaction that the reasons
for suspension no longer exist and that the termination of the suspension
would not endanger the public.
(c) In order to determine whether abuse of alcohol or a controlled
substance contributed to a violation or has resulted in "gross incompetency,"
the Board may order an examination by one or more health care providers trained
in the diagnosis or treatment of substance abuse.