SECTION 187.71. Hearing before a Panel of Board Representatives

(a) Upon receipt of information that a licensee has been initially convicted of certain offenses, found guilty by a trier of fact of certain drug-related felonies, or is incarcerated, the board shall schedule a hearing before a panel of board representatives at the earliest practicable time after providing the licensee with at least ten days notice.

(b) The panel shall be composed of at least two members of the board or District Review Committee. At least one member must be a physician and one member must be a public member. The panel may be the same panel that is scheduled for Informal Show Cause and Settlement Conferences.

(c) At the hearing, the licensee shall have the right to respond to the allegations, be represented by counsel, and present evidence or information to the panel.

(d) The panel must base its decision or recommendation on evidence or information that is admissible under §2001.081, Texas Administrative Procedure Act.

(e) If the licensee disputes the fact that the licensee has been initially convicted of the offense, found guilty by a trier of fact of a drug-related felony, or that the licensee is incarcerated, the licensee may present evidence or information. If the licensee admits that the licensee has been initially convicted of an offense, found guilty by a trier of fact of a drug-related felony, or is incarcerated, but requests that the panel probate an order suspending the licensee's medical license, the licensee may present evidence or information showing that probation is authorized by §164.101 and §164.102 of the Act and that the suspension should be probated.

(f) A licensee shall be subject to further disciplinary action when a final conviction of the offense occurs pursuant to §164.051(a)(2) and §164.057(b) of the Act. A final conviction occurs when there has been an adjudication of guilt and a judgment entered.

Source Note: The provisions of this §187.71 adopted to be effective July 3, 2007, 32 TexReg 3994; amended to be effective January 20, 2009, 34 TexReg 340; amended to be effective May 5, 2011, 36 TexReg 2728