| (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.
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