(a) Unless otherwise specified in an order of the board the board shall determine whether or not a licensee is competent to resume practice based on evidence of the licensee's competence or lack thereof as adduced through the procedures provided for in Chapter 187 of this title (relating to Procedural Rules).
(b) Competence to resume practice may be shown by the licensee providing probative credible evidence to indicate that he or she is fit to resume the practice of medicine. Likewise, any controverting evidence may be introduced to show the licensee's lack of competence or fitness.

Source Note: The provisions of this §196.5 adopted to be effective June 1, 1988, 13 TexReg 2317; amended to be effective August 15, 1994, 19 TexReg 5952; amended to be effective April 27, 2003, 28 TexReg 3326