(a) Mental or physical examination requirement.
(1) The advisory board may require a practitioner/applicant to submit to a mental and/or physical examination by a physician or physicians designated by the advisory board if the advisory board has probable cause to believe that the practitioner/applicant 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.
(2) Probable cause may include, but is not limited to, any one of the following:
(3) Upon presentation to the Executive Director of probable cause, the advisory board authorizes the Executive Director to write the practitioner/applicant requesting that the practitioner/applicant submit to a physical or mental examination within 30 days of the receipt of the letter from the Executive Director. The letter shall state the reasons for the request for the mental or physical examination, the physician or physicians the Executive Director has approved to conduct such examinations, and the date by which the examination and the results are to be received by the advisory board.
(4) If the practitioner/applicant to whom a letter requiring a mental or physical examination is sent refuses to submit to the examination, the advisory board, through its Executive Director, shall issue an order requiring the practitioner/applicant to show cause why the practitioner/applicant should not be required to submit to the examination and shall schedule a hearing on the order not later than the 30 days after the date on which the notice of the hearing is provided to the practitioner. The practitioner/applicant shall be notified by either personal service or certified mail with return receipt requested.
(5) At the show cause hearing provided for in paragraph (4) of this subsection, a panel of the advisory board's representatives shall determine whether the practitioner/applicant shall submit to an evaluation or that the matter shall be closed with no examination required.
(6) In fulfilling its obligations under §604.052(1)(H) of the Act, the advisory board shall refer the practitioner/applicant to the most appropriate medical specialist for evaluation. The advisory board may not require a practitioner/applicant to submit to an examination by a physician having a specialty specified by the advisory board unless medically indicated. The advisory board may not require a practitioner/applicant to submit to an examination to be conducted an unreasonable distance from the person's home or place of business unless the practitioner/applicant resides and works in an area in which there are a limited number of physicians able to perform an appropriate examination.
(7) The guidelines adopted under this subsection do not impair or remove the advisory board's power to make an independent licensing or disciplinary decision unless a temporary suspension is convened.
(b) Chapter 180 of this title (relating to Texas Physician Health Program and Rehabilitation Orders) shall be applied to respiratory care practitioners who are believed to be impaired and eligible for the Texas Physician Health Program.
Source Note: The provisions of this §186.22 adopted to be effective April 3, 2017, 42 TexReg 1758