1. (a) The Board may require a licensee to undergo a mental or physical examination by a Board-designated health care provider if the Board has reasonable cause to believe the licensee is impaired.
2. (b) A licensee is impaired if the licensee is unable to practice chiropractic with reasonable skill and safety because of substance abuse or any mental or physical condition.
3. (c) The Board may require an applicant for a license to undergo an examination under subsection (a) of this section as a condition of licensure.

4. (d) Reasonable cause includes:

   1. (1) a sworn statement from an individual with actual knowledge of relevant facts that a licensee is impaired;
   2. (2) evidence that a licensee or applicant left a substance abuse treatment program before completion;
   3. (3) evidence of repeated arrests for intoxication or offenses in which intoxication is a factor;
   4. (4) evidence of repeated temporary mental health confinements;
   5. (5) evidence of a chronic illness or condition that prevents an individual from safely practicing chiropractic; or
   6. (6) any other evidence the Board believes shows a licensee or applicant is a danger to the public.
5. (e) The Board shall treat the results of any examination conducted under subsection (a) of this section as confidential.
6. (f) If necessary, the Board may use the results of an examination under subsection (a) of this section as grounds to revoke or suspend a license or to place a license on probation.
7. (g) If necessary, the Board may use the results of an examination under subsection (a) of this section as grounds to deny an application for a license or to impose restrictions on a license if granted.
8. (h) To the extent consistent with the Board's duty to protect the public, the Board shall assist any individual who self-reports a substance abuse or mental health problem to retain or be granted a license.

Source Note:The provisions of this §79.4 adopted to be effective March 12, 2020, 45 TexReg 1717.