22 Tex. Admin. Code § 79.4 - Impaired Licensees and Applicants
(a) The
Board may require a licensee to undergo a mental or physical examination by a
Board-designated health care provider if the Board has reasonable cause to
believe the licensee is impaired.
(b) A licensee is impaired if the licensee is
unable to practice chiropractic with reasonable skill and safety because of
substance abuse or any mental or physical condition.
(c) The Board may require an applicant for a
license to undergo an examination under subsection (a) of this section as a
condition of licensure.
(d)
Reasonable cause includes:
(1) a sworn
statement from an individual with actual knowledge of relevant facts that a
licensee is impaired;
(2) evidence
that a licensee or applicant left a substance abuse treatment program before
completion;
(3) evidence of
repeated arrests for intoxication or offenses in which intoxication is a
factor;
(4) evidence of repeated
temporary mental health confinements;
(5) evidence of a chronic illness or
condition that prevents an individual from safely practicing chiropractic;
or
(6) any other evidence the Board
believes shows a licensee or applicant is a danger to the public.
(e) The Board shall treat the
results of any examination conducted under subsection (a) of this section as
confidential.
(f) If necessary, the
Board may use the results of an examination under subsection (a) of this
section as grounds to revoke or suspend a license or to place a license on
probation.
(g) If necessary, the
Board may use the results of an examination under subsection (a) of this
section as grounds to deny an application for a license or to impose
restrictions on a license if granted.
(h) To the extent consistent with the Board's
duty to protect the public, the Board shall assist any individual who
self-reports a substance abuse or mental health problem to retain or be granted
a license.
Notes
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