(a) If in the course of a disciplinary proceeding, the Appointed Board finds that a Professional Geoscientist's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code, contributed to a violation of the TBPG Act or rules, the Appointed Board may condition its disposition of the disciplinary matter on the Professional Geoscientist's completion of a rehabilitation program approved by the Department of State Health Services.
(b) A Professional Geoscientist's abuse of alcohol or a controlled substance that results in the impairment of the Professional Geoscientist's professional skill so as to cause or potentially cause a threat to the public health, safety, and welfare may be deemed "Gross Incompetency" and may be grounds for revocation or suspension of a Professional Geoscientist's license or other appropriate disciplinary actions provided by the Act.
(c) To determine whether abuse of alcohol or a controlled substance contributed to a violation or whether the continued professional practice of a licensee is a threat to the public safety the Appointed Board may order an examination by one or more licensed health care providers authorized to provide diagnosis or treatment of substance abuse.

Source Note: The provisions of this §851.109 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947