(a) A physician/professional assigned by the Board to monitor a probationer's practice ("monitor") may recommend that the probationer complete a competency evaluation. A monitor's recommendation for a competency evaluation must be reviewed by the Chair of the Disciplinary Process and Review Committee ("DPRC") for the purpose of making a determination of whether a competency evaluation is warranted. The Chair may approve or deny the monitor's recommendation.
(b) Upon the DPRC Chair's approval of a recommendation for a competency evaluation, the following procedure applies:
  (1) Within a required timeframe as directed by the compliance officer, after receiving written notice of the monitor's recommendation for a competency evaluation, the probationer must contact a program approved by the Board and schedule an assessment of at least two days in length to determine the probationer's competence and ability to practice medicine.
  (2) The probationer shall authorize the approved program to send a written report regarding the probationer's performance and results of the competency evaluation directly to the compliance officer.
(c) Upon completion of the competency evaluation, and based upon its results, the probationer must personally appear before a panel of Board representatives, upon written request mailed to the probationer's last known address on file with the Board at least 10 calendar days before the requested appearance date. The panel may make recommendations for appropriate action, including that the probationer follow all the program recommendations, other necessary re-training or re-education measures, and any other restrictions or suspension of the probationer's practice. Section 187.44 of this title (relating to Probationer Show Compliance Proceedings) applies to such appearances.
(d) The Board may temporarily restrict or suspend a probationer's license based upon the results of the competency evaluation or the probationer's failure to follow any and all requirements set forth in subsection (c) of this section. Chapter 187, Subchapter F of this title (relating to Temporary Suspension and Restriction Proceedings) applies to such proceedings.

Source Note: The provisions of this §189.16 adopted to be effective February 21, 2016, 41 TexReg 1120