22 Tex. Admin. Code § 277.8 - Emergency Temporary Suspension or Restriction
(a) Annually, the chair of the Board shall
appoint for approval by the Board a three-member disciplinary panel ("panel")
and alternate, consisting of at least one public member, for the purpose of
making a determination of whether a license should be temporarily suspended or
restricted under Section 351.5015 of the Act. The chair shall name one of the
members as chair of the panel. If a member of the panel is recused, or unable
to participate in the panel, the alternate Board member may serve in the
member's place.
(b) The panel shall
meet to receive information on a complaint indicating that a licensee's
continued practice of optometry or therapeutic optometry may constitute a
continuing or imminent threat to the public welfare. At the conclusion of the
meeting, if the panel concludes that the licensee's continued practice would
constitute a continuing or imminent threat to the public welfare, the panel may
restrict or suspend the license for a temporary, stated period of
time.
(c) The disciplinary panel
may hold a meeting by telephone conference call if immediate action is required
and convening of the panel at one location is inconvenient for any member of
the disciplinary panel.
(d) The
panel may suspend a license under this section without notice or a hearing on
the complaint, provided the Investigation-Enforcement Committee shall meet in
an informal conference as soon as practical, to determine if formal
disciplinary proceedings should be initiated against the licensee. The licensee
must receive notice of the conference at least 72 hours prior to the
conference.
(e) Following the
informal conference, the Investigation-Enforcement Committee shall take one of
the following actions:
(1) Lift the temporary
suspension or restriction and reinstate the license without
conditions.
(2) Negotiate an agreed
settlement order that will dissolve, continue or modify the suspension or
restriction, or impose other sanctions as appropriate. The agreed order shall
be presented to the Board at the next available Board Meeting for
approval.
(3) Prepare a complaint
affidavit setting out the details of the complaint and recommended sanctions,
and forward the complaint affidavit to the State Office of Administrative
Hearings for setting of an administrative hearing. Following the hearing, the
administrative law judge will prepare a proposal for decision for adoption, in
the form of an order, by the Board.
(f) The panel and the
Investigation-Enforcement Committee may receive testimony and evidence in oral
or written form. Written statements may be sworn or unsworn. The panel or
committee members may question witnesses at the members' discretion. Evidence
or information that is clearly irrelevant, unreliable, or unduly inflammatory
will not be considered.
Notes
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