This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:42 GMT
(a) If the board has reason to believe a licensee is a "continuing threat," a disciplinary proceeding will be held as soon as practicable in accordance with §164.059 of the Act or §164.0595 of the Act, as applicable.(b) The three-member panel must include at least one physician.(c) In determining a continuing threat, a panel will consider:(1) the definition of continuing threat to the public welfare, as defined by §151.002 of the Act;(2) the actions or inaction of the licensee;(3) whether the public harm alleged is more than abstract, hypothetical, or remote; and(4) whether there have been prior complaints, investigations, or discipline of the same or similar nature against the licensee.(d) A member of the General Counsel staff shall act as hearings counsel and assist the panel as follows:(1) provision of advice on legal processes and procedural issues including evidentiary rulings;(2) asking questions to clarify issues during the proceedings; and(3) being present during deliberations of the panel for legal advice as needed.