(a) The board may deny a license to or discipline an applicant/respondent who used drugs or intoxicating liquors to an extent that affects the license holder's or applicant’s professional competence.
(b) In review of a complaint alleging intemperate use of drugs or alcohol by a respondent/applicant, the board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice physical therapy:
  (1) documentation demonstrating the degree of sobriety obtained;
  (2) documentation showing completion of a drug or alcohol rehabilitation program;
  (3) evidence of participation in board-accepted aftercare;
  (4) a current status report from a drug/alcohol abuse counselor or board-accepted aftercare sponsor; and
  (5) letters of recommendation.
(c) The burden to provide the foregoing documentation to the board shall be solely at the expense of the respondent/applicant.
(d) Provided that the licensee participates in a substance abuse recovery program acceptable to the board, the license may continue on a probationary status with conditions set forth by the full board. Failure to comply and maintain the complete condition of the probation will cause immediate revocation of the license.

Source Note: The provisions of this §343.5 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256