(a) The Board may require an applicant for a license who has a criminal conviction for substance abuse offenses within 5 years before the date of the application to undergo substance abuse testing and monitoring as a condition of licensure.
(b) If the Board requires an applicant to undergo substance abuse testing and monitoring under this section, the cost shall be borne by the applicant.
(c) The Board shall make reasonable efforts to ensure testing will be done in a manner to accomplish the goals of the testing while minimizing the applicant's cost.
(d) The Board may grant a probationary license to an applicant who agrees in writing to substance abuse testing and monitoring under this section.
(e) The Board shall state in writing the length of time an applicant shall be under probation and subject to substance abuse testing and monitoring.
(f) The Board may not place an applicant under probation for substance abuse testing and monitoring for more than five years from the date the Board issues the applicant's probationary license.
(g) The Board may revoke the probationary license of any applicant who agrees to substance abuse testing and monitoring if the applicant fails to pass any test or provide required monitoring documentation.
(h) A Board order revoking a license under subsection (g) of this section is final and unappealable.
(i) An applicant whose probationary license has been revoked under this section may reapply for a license not sooner than one year from the date the license was revoked under subsection (g) of this section.

Source Note: The provisions of this §74.1 adopted to be effective April 1, 2021, 46 TexReg 2009