Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 194 - MEDICAL RADIOLOGIC TECHNOLOGY › Subchapter A - CERTIFICATE HOLDERS, NON-CERTIFIED TECHNICIANS, AND OTHER AUTHORIZED INDIVIDUALS OR ENTITIES › Section 194.30 - Impaired Individuals

Current through Reg. 49, No. 28; July 12, 2024
(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:
(A)
				  sworn statements from two people, willing to testify before the board, the
				  medical board, or the State Office of Administrative Hearings that the person
				  subject to the Act is impaired;
(B) evidence that a person subject to the Act
				  left a treatment program for alcohol or chemical dependency before completion
				  of that program;
(C) evidence that
				  a person subject to the Act is guilty of intemperate use of drugs or alcohol;
(D) evidence of repeated arrests
				  of a person subject to the Act for intoxication;
(E) evidence of recurring temporary
				  commitments of a person subject to the Act to a mental institution;
(F) medical records indicating that a person
				  subject to the Act has an illness or condition which results in the inability
				  to function properly in his or her practice; or
(G) actions or statements by a person subject
				  to the Act at a hearing conducted by the Board that gives the Board reason to
				  believe that the person has an impairment.
(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.
(A) At the hearing, the person and his or her
				  attorney, if any, are entitled to present testimony and other evidence showing
				  that he or she should not be required to submit to the examination.
(B) If, after consideration of the evidence
				  presented at the show cause hearing, the panel determines that the person shall
				  submit to an examination, the board's representatives shall, through the
				  Executive Director, issue an order requiring the examination within 60 days
				  after the date of the entry of the order requiring examination. The individual
				  is entitled to cross-examine an expert who offers testimony at hearing before
				  the board.
(C) If the panel
				  determines that no such examination is necessary, the panel will withdraw the
				  request for examination.
(D) The
				  results of any board-ordered mental or physical examination are confidential
				  shall be presented to the board under seal for it to take whatever action is
				  deemed necessary and appropriate based on the results of the mental or physical
				  examination. The individual required to take the examination shall be provided
				  the results of an examination and given the opportunity to provide a response
				  at least 30 days before the board takes action.
(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.