22 Tex. Admin. Code § 181.6 - Modification and Termination Process for Disciplinary Orders
(a) In order to be eligible to submit the
modification or termination request, the licensee must not be subject to a
pending complaint, investigation, or board proceeding.
(b) The timing of the initial modification or
termination request will be specified in the disciplinary order.
(c) Requests must be in writing and explain
the basis for the request.
(d) If a
licensee is determined to be eligible for modification or termination, an
informal meeting will be scheduled for consideration of the request by a board
representative panel. The meeting, will be conducted in a manner similar to an
ISC; except that the burden is on the licensee to demonstrate grounds such as:
(1) a significant change in circumstances;
(2) an unanticipated, unique, or
undue hardship as a result of the board action, but not the denial of insurance
coverage or an adverse action taken by a medical specialty board; or
(3) any other relevant considerations.
(e) If at any time prior
to final approval of the modification or termination request, the licensee
becomes ineligible for any reason, the pending action will be cancelled,
including any scheduled informal meeting to consider the request or board
meeting to consider the recommendation.
(f) Subsequent requests can only be made once
a year after the effective date of any order granting or denying modification
or termination of the original order.
(g) Remedial plans are not allowed to be
modified. Termination is automatic upon successful completion of the terms and
conditions of the remedial plan.
Notes
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