1. (a) The president of the board shall appoint a disciplinary panel consisting of three board members to determine whether a person's license to practice podiatry should be temporarily suspended.
2. (b) If the disciplinary panel determines from the evidence presented to the panel that a person licensed to practice podiatry would, by the person's continued practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that individual.

3. (c) A license may be suspended by the disciplinary panel without notice or hearing if:

   1. (1) the board immediately provides notice of the suspension to the license holder; and
   2. (2) a hearing on the temporary suspension before the disciplinary panel of the board is scheduled for the earliest date after the 10th day after the notice of hearing.
4. (d) The disciplinary panel may hold a meeting via a telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the disciplinary panel.
5. (e) After the hearing, if the disciplinary panel affirms the temporary suspension of the license holder's license, the board shall schedule an informal compliance meeting as soon as practicable, unless the license holder waives the informal meeting or the informal meeting has already been held regarding the basis for the temporary suspension.
6. (f) If the license holder is unable to show compliance at the informal meeting, a board representative shall initiate a disciplinary procedure under §202.501 of the Act.
7. (g) If after the hearing the disciplinary panel does not temporarily suspend the license holder's license, the facts that were the basis for the temporary suspension may not be the sole basis of another proceeding to temporarily suspend the license holder's license. The board may use those same facts in a subsequent investigation to obtain new information that may be the basis for a temporary suspension of the license holder's license. Facts that are the basis for the temporary suspension of a license holders license includes facts presented to the disciplinary panel and facts presented by the board or a representative of the board at the time evidence was presented to the disciplinary panel.

Source Note:The provisions of this §130.60 adopted to be effective July 5, 2006, 31 TexReg 5292; transferred effective September 1, 2017, as published in the Texas Register August 18, 2017, 42 TexReg 4145.