(a) Mental or physical examination requirement.
(1) The board may require a person subject to the Act 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 person is impaired. Impairment is present if one appears to be unable to practice radiologic technology 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 board authorizes the Executive Director to write the person requesting that he or she 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 Board.
(4) If the person to whom a letter requiring a mental or physical examination is sent refuses to submit to the examination, the board, through its Executive Director, shall issue an order requiring the person to show cause why he or she 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 person. The person shall be notified by either personal service or certified mail with return receipt requested.
(5) At the show cause hearing provided in for in paragraph (4) of this subsection, a panel of the board's representatives shall determine whether the person shall submit to an evaluation or that the matter shall be closed with no examination required.
(6) In fulfilling its obligations under §601.052 of the Act, the board shall refer the affected individual to the most appropriate medical specialist for evaluation. The board may not require a person to submit to an examination by a physician having a specialty specified by the board unless medically indicated. The board may not require an individual to submit to an examination to be conducted an unreasonable distance from the person's home or place of business unless he or she 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 board's power to make an independent certification, registration, permitting, 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 individuals subject to the Act and who are believed to be impaired and eligible for the Texas Physician Health Program.
Source Note: The provisions of this §194.30 adopted to be effective April 3, 2017, 42 TexReg 1763