1. (a) The board may determine that an order denying a license application or suspending a license be probated. A person subject to a probation order shall conform to each condition the board sets as the terms of probation, including a condition:

   1. (1) limiting the practice of the person to, or excluding, one or more specified activities of professional nursing or vocational nursing;
   2. (2) requiring the person to submit to supervision, care, counseling, or treatment by a practitioner designated by the board; or
   3. (3) requiring the person to submit to random drug or alcohol tests in the manner prescribed by the board.
2. (b) At the time the probation is granted, the board shall establish the term of the probationary period.

3. (c) At any time while the person remains subject to the probation order, the board may hold a hearing and rescind the probation and enforce the board's original action in denying or suspending the license. The hearing shall be called by the presiding officer of the board, who shall issue a notice to be served on the person or the person's counsel not later than the 20th day before the date scheduled for the hearing that:

   1. (1) sets the time and place for the hearing; and
   2. (2) contains the charges or complaints against the probationer.
4. (d) Notice under Subsection (c) is sufficient if sent by registered or certified mail to the affected person at the person's most recent address as shown in the board's records.

5. (e) A hearing under this section is limited to a determination of whether the person violated the terms of the probation order under Subsection (a) and whether the board should:

   1. (1) continue, rescind, or modify the terms of probation, including imposing an administrative penalty; or
   2. (2) enter an order denying, suspending, or revoking the person's license.

6. (f) If one of the conditions of probation is the prohibition of using alcohol or a drug or participation in a peer assistance program, violation of that condition is established by:

   1. (1) a positive drug or alcohol test result;
   2. (2) refusal to submit to a drug or alcohol test as required by the board; or
   3. (3) a letter of noncompliance from the peer assistance program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.055, eff. Sept. 1, 2003.

Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 14, eff. June 19, 2009.