Texas Occupations Code - Section 164.202. Rehabilitation Order
Legal Research Home >
Texas Lawyer > Occupations Code > Texas Occupations Code - Section 164.202. Rehabilitation Order
§ 164.202. REHABILITATION ORDER. (a) The board, through
an agreed order or after a contested proceeding, may impose a
nondisciplinary rehabilitation order on an applicant, as a
prerequisite for issuing a license, or on a license holder, based
on:
(1) intemperate use of drugs or alcohol directly
resulting from habituation or addiction caused by medical care or
treatment provided by a physician;
(2) self-reported intemperate use of drugs or alcohol
during the five years preceding the report that could adversely
affect the reporter's ability to practice medicine safely, if:
(A) the reporting individual has not previously
been the subject of a substance abuse-related order of the board;
and
(B) the applicant or license holder has not
committed a violation of the standard of care as a result of the
intemperate use of drugs or alcohol;
(3) a judgment by a court that the applicant or license
holder is of unsound mind;
(4) a determination of impairment based on a mental or
physical examination offered to establish the impairment in an
evidentiary hearing before the board in which the applicant or
license holder was provided an opportunity to respond; or
(5) an admission by the applicant or license holder
indicating that the applicant or license holder suffers from a
potentially dangerous limitation or an inability to practice
medicine with reasonable skill and safety by reason of illness or as
a result of any physical or mental condition.
(b) The board may not issue an order under this section if,
before the individual signs the proposed order, the board receives
a valid complaint with regard to the individual based on the
individual's intemperate use of drugs or alcohol in a manner
affecting the standard of care.
(c) The board must determine whether an individual has
committed a standard of care violation described by Subsection
(a)(2) before imposing an order under this section.
(d) The board may disclose a rehabilitation order to a local
or statewide private medical association only as provided by
Section 164.205.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2005, 79th Leg., ch. 269, § 1.44, eff. Sept. 1, 2005.
Section: 164.102 164.103 164.151 164.152 164.153 164.154 164.201 164.202 164.203 164.204 164.205 164.206 165.001 165.002 165.003
Last modified: August 10, 2007
|
