Texas Occupations Code - Section 164.056. Physical Or Mental Examination; Hearing
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§ 164.056. PHYSICAL OR MENTAL EXAMINATION; HEARING. (a)
In enforcing Section 164.051(a)(4), the board, on probable cause,
shall request the affected physician or applicant to submit to a
mental or physical examination by physicians designated by the
board. The board shall adopt guidelines, in conjunction with
persons interested in or affected by this section, to enable the
board to evaluate circumstances in which a physician or applicant
may be required to submit to an examination for mental or physical
health conditions, alcohol and substance abuse, or professional
behavior problems.
(b) If the affected physician refuses to submit to the
examination, the board shall issue an order requiring the physician
to show cause why the physician should not be required to submit to
the examination and shall schedule a hearing on the order not later
than the 30th day after the date on which notice is served on the
physician. The physician shall be notified by either personal
service or certified mail with return receipt requested.
(c) At the hearing, the physician and the physician's
attorney are entitled to present testimony and other evidence
showing that the physician should not be required to submit to the
examination. After a hearing, the board shall issue an order either
requiring the physician to submit to the examination or withdrawing
the request for examination.
(d) The board shall refer a physician or applicant with a
physical or mental health condition to the most appropriate medical
specialist for evaluation. The board may not require a physician or
applicant to submit to an examination by a physician having a
specialty specified by the board unless medically indicated. The
board may not require a physician or applicant to submit to an
examination to be conducted an unreasonable distance from the
person's home or place of business unless the physician or
applicant resides and works in an area in which there are a limited
number of physicians able to perform an appropriate examination.
(e) The guidelines adopted under this section do not impair
or remove the board's power to make an independent licensing
decision.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2005, 79th Leg., ch. 269, § 1.43, eff. Sept. 1, 2005.
Section: 164.010 164.011 164.051 164.052 164.053 164.054 164.055 164.056 164.057 164.058 164.059 164.060 164.061 164.101 164.102
Last modified: August 10, 2007
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