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TITLE 22 - EXAMINING BOARDS
PART 9 - TEXAS MEDICAL BOARD
CHAPTER 177 - COMPLAINTS AND INVESTIGATIONS
SUBCHAPTER B - INVESTIGATIVE PROCESS
SECTION/RULE §177.13 - Probable Cause Guidelines for Requiring Mental or Physical Examination
Chapter Review Date 12/05/2011

(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.

Source Note: The provisions of this §177.13 adopted to be effective January 9, 2025, 50 TexReg 365.

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