SECTION 187.44. Probationer Show Compliance Proceedings

Pursuant to §§164.003 - 164.004 of the Act and §§2001.054 - 2001.056 of the APA, the following rules shall apply to probationer show compliance proceedings.

(1) If a licensee is placed under an order, the licensee shall be monitored by the board to ensure compliance. In the event that a licensee fails to comply with the licensee's order, such noncompliance will be addressed at a probationer show compliance proceeding.

(2) All licensees under any order must maintain their licenses in good standing, including meeting all fee and continuing medical education requirements. Failure to keep a license in good standing shall be evidence of noncompliance with a board order and considered a violation of the Act and board rules.

(3) Unless otherwise stated, the policies and procedures as described for ISCs in §187.18 of this title (relating to ISC Scheduling, Process, and Procedures) shall apply to probationer show compliance proceedings.

(4) Prior to the Probationer Show Compliance Hearing, the board representatives shall be provided with the information sent to the licensee by the board staff and all information timely received in response from the licensee. All notice relating to the Probationer Show Compliance Proceeding shall be mailed to the licensee at least ten days prior to the date of the proceeding. Information must be received from the licensee at least five days prior to the Probationer Show Compliance Proceeding.

(5) At a probationer show compliance proceeding, the board representatives may consider facts relevant to the alleged noncompliance, and the board representatives may recommend that the licensee's existing order be modified or extended.

(6) To the extent possible, board members and district review committee members are required to serve as representatives at probationer show compliance proceedings an equal number of times during a calendar year. In the event a board member or district review committee member has a complaint regarding the frequency or infrequency of service as a representative required for any member, the complaint may be routed in writing to the director of enforcement for the board who shall then bring the complaint to the attention of the president of the board for a resolution.

Source Note: The provisions of this §187.44 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective November 30, 2003, 28 TexReg 10494; amended to be effective March 18, 2013, 38 TexReg 1875; amended to be effective March 27, 2018, 43 TexReg 1865