(a) A request for a modification/termination hearing or reinstatement hearing must be submitted in writing by the probationer. The writing must specifically detail the requested desired action. A probationer must be in full compliance with all the terms and conditions of his or her order to be eligible for the board to consider modification or termination of an order unless the modification or termination relates to the factors outlined in §187.43(d)(2) of this title (relating to Proceedings for the Modification/Termination of Agreed Orders and Disciplinary Orders).
(b) If a probationer is determined to be eligible for a hearing according to the terms of the order, §187.43 of this title, and Chapter 167 of this title (relating to Reinstatement and Reissuance) (as applicable), a date and time for the hearing shall be set and the probationer shall be notified in writing. If prior to the date of the meeting the probationer becomes the subject of a board investigation, the petition will be withdrawn and the meeting will be cancelled. For such petitions that are withdrawn, the probationer will not be eligible to submit a new petition for modification or termination until the board investigation and board action, if any, is resolved.
(c) If the probationer desires to submit evidence for consideration by the board's representatives, the probationer must provide at least three copies of all evidence no less than ten calendar days prior to the hearing. The board's representatives may refuse to consider evidence not timely submitted.
(d) When considering a modification or termination request, the board's representatives must make a determination of the probationer's full compliance as defined in §187.43(f) of this title. When considering a reinstatement request, the board's representatives must make a determination of the probationer's eligibility under Chapter 167 of this title.
(e) In addition, when considering a modification, termination, or reinstatement request, the board's representatives may also consider:
  (1) evidence presented by the probationer;
  (2) the existence of prior orders; and
  (3) any information or evidence the board's representatives deem necessary to make an informed decision.
(f) If the modification or termination request is recommended by a board panel to be granted, but prior to full board review or approval the probationer becomes the subject of a board investigation, the panel's recommendation will be withdrawn from the board's consideration for approval. For such petitions that are withdrawn, the probationer will not be eligible to submit a new petition for modification or termination until the board's investigation and board action, if any, is resolved.
(g) If a probationer is requesting a reinstatement hearing, the probationer must submit evidence of completion of any required stipulations prior to the hearing being set.
(h) In addition to requirements, set forth in §167.2 of this title (relating to Procedure for Requests for Reinstatement) a probationer requesting reinstatement of a license must prove that the probationer is mentally, physically, clinically, and otherwise competent to return to the practice of medicine.
(i) The decision to modify or terminate all or any part of an order is at the sole discretion of the board unless otherwise specified in the order.
(j) A probationer under a remedial plan may not request modification or termination of the remedial plan unless the plan specifically grants the probationer the right to request modification of termination of the remedial plan.

Source Note: The provisions of this §189.7 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486; amended to be effective July 9, 2015, 40 TexReg 4357