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TITLE 22 - EXAMINING BOARDS
PART 9 - TEXAS MEDICAL BOARD
CHAPTER 179 - PROCEDURAL RULES
SUBCHAPTER F - TEMPORARY SUSPENSION OR RESTRICTION PROCEEDINGS
SECTION/RULE §179.25 - Temporary Suspension or Restriction Hearing Without Notice
Chapter Review Date 01/05/2009

(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.

Source Note: The provisions of this §179.25 adopted to be effective January 9, 2025, 50 TexReg 369.

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