Pursuant to §§164.003 - 164.004 of the Act and §§2001.054
- 2001.056 of the APA, the following rules shall apply to probationer
show compliance proceedings.
(1) If a licensee is placed under an order, the licensee
shall be monitored by the board to ensure compliance. In the event
that a licensee fails to comply with the licensee's order, such noncompliance
will be addressed at a probationer show compliance proceeding.
(2) All licensees under any order must maintain their
licenses in good standing, including meeting all fee and continuing
medical education requirements. Failure to keep a license in good
standing shall be evidence of noncompliance with a board order and
considered a violation of the Act and board rules.
(3) Unless otherwise stated, the policies and procedures
as described for ISCs in §187.18 of this title (relating to ISC
Scheduling, Process, and Procedures) shall apply to probationer show
compliance proceedings.
(4) Prior to the Probationer Show Compliance Hearing,
the board representatives shall be provided with the information sent
to the licensee by the board staff and all information timely received
in response from the licensee. All notice relating to the Probationer
Show Compliance Proceeding shall be mailed to the licensee at least
ten days prior to the date of the proceeding. Information must be
received from the licensee at least five days prior to the Probationer
Show Compliance Proceeding.
(5) At a probationer show compliance proceeding, the
board representatives may consider facts relevant to the alleged noncompliance,
and the board representatives may recommend that the licensee's existing
order be modified or extended.
(6) To the extent possible, board members and district
review committee members are required to serve as representatives
at probationer show compliance proceedings an equal number of times
during a calendar year. In the event a board member or district review
committee member has a complaint regarding the frequency or infrequency
of service as a representative required for any member, the complaint
may be routed in writing to the director of enforcement for the board
who shall then bring the complaint to the attention of the president
of the board for a resolution.
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| Source Note: The provisions of this §187.44 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective March 18, 2013, 38 TexReg 1875; amended to be effective March 27, 2018, 43 TexReg 1865 |
