- (a) The Board may require a licensee who has been subject to disciplinary action for drug or alcohol offenses to undergo substance abuse testing and monitoring.
- (b) If the Board requires a licensee to undergo substance abuse testing and monitoring under this section, the cost shall be borne by the licensee.
- (c) The Board shall make reasonable efforts to ensure testing will be done in a manner to accomplish the goals of the testing while minimizing the licensee's cost.
- (d) A licensee who agrees to undergo substance abuse testing and monitoring to settle a disciplinary action by the Board shall agree to the terms of the testing and monitoring in writing as part of the agreed order with the Board.
- (e) The Board, upon the recommendation of the Board's Enforcement Committee, may revoke the license of a licensee who agrees to substance abuse testing and monitoring if the licensee fails to pass any test or provide monitoring documentation as required by the agreed order with the Board.
- (f) A Board order revoking a license under subsection (e) of this section is final and unappealable.
- (g) A licensee whose license has been revoked under this section may reapply for a license not sooner than one year from the date the license was revoked under subsection (e) of this section.
Source Note:The provisions of this §74.2 adopted to be effective April 1, 2021, 46 TexReg 2010.