37 Tex. Admin. Code § 217.9 - Refusal by Licensee to Submit to Medical or Psychological Examination

(a) After receiving a report of a refusal by a licensee to submit to a requested medical or psychological examination, the commission shall issue a show cause order requiring the licensee to show cause for the refusal at a contested case hearing before SOAH.

(b) The contested case hearing shall be scheduled not later than the 30th day after the date notice of the show cause order is served on the licensee, which shall be provided by personal service or by registered mail, return receipt requested.

(c) The licensee may appear at the contested case hearing in person and by counsel and present evidence to justify the licensee's refusal to submit to the requested examination. Pursuant to Texas Occupations Code § 1701.167(i), records relating to a request or order of the commission or a hearing or examination conducted under Texas Occupations Code § 1701.167, including, if applicable, the identity of the person notifying the commission that a licensee may not meet the standards required under the adopted agency policy, are confidential.

(d) If it is determined that the licensee did not have good cause to refuse the medical or psychological examination, the commission shall issue an order suspending indefinitely or otherwise restricting the licensee's license until the licensee submits to the requested examination. If it is determined that the licensee did have good cause to refuse the medical or psychological examination, the commission shall issue an order withdrawing the request for the examination.

(e) The commission's order is subject to judicial review under Chapter 2001, Government Code.

(f) The effective date of this section is September 1, 2024.

Notes

37 Tex. Admin. Code § 217.9

Adopted by Texas Register, Volume 49, Number 22, May 31, 2024, TexReg 3929, eff. 9/1/2024