(a) If the panel determines that the licensee has been initially convicted of an offense listed in §164.057(a)(1) of the Act, found guilty by a trier of fact of a drug-related felony listed in §164.057(a)(2) of the Act, or is incarcerated, the panel shall direct the Executive Director to enter an order suspending the medical license of the licensee in accordance with §164.057 or §164.058 of the Act. The order of the Executive Director shall be effective immediately upon entry. The panel shall either offer an agreed order probating the suspension or refer the matter to SOAH for revocation of the physicians' license.
(b) If the panel determines that the suspension should be probated, the panel may recommend the terms and conditions of an agreed order to be signed by the licensee and presented to the board for approval. The agreed order probating suspension shall supersede the order of suspension issued by the executive director only after the agreed order has been signed by the licensee and approved by the board.

Source Note: The provisions of this §187.72 adopted to be effective July 3, 2007, 32 TexReg 3994; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective May 5, 2011, 36 TexReg 2728; amended to be effective July 9, 2015, 40 TexReg 4355