22 Tex. Admin. Code § 177.13 - Probable Cause Guidelines for Requiring Mental or Physical Examination
(a) In accordance
with §164.056 of the Act, a mental or physical examination of a licensee
can be requested:
(1) if an official
complaint concerns allegations under §164.051(a)(4) of the Act and during
the investigation:
(A) there has been no
treatment or other ongoing remedial actions to address the allegations;
and
(B) there is other evidence of
the same or similar continuing conduct, including arrests, reports required
under Chapter 160 of the Act, or receipt of multiple complaints or statements
concerning the conduct; or
(2) if, during an Informal Settlement
Conference, the actions or statements of the licensee indicate probable cause
that there may be a violation of §164.051(a)(4) of the Act. In such a
situation, the Panel can:
(A) defer the
Informal Settlement Conference;
(B) request a new complaint be opened
alleging a violation of §164.051(a)(4) of the Act; or
(C) order a mental or physical examination in
accordance with §164.056 of the Act.
(b) If a physical or mental examination is
ordered, the Notice will include a general statement of the basis for seeking
the examination.
Notes
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