1. (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.
2. (b) The three-member panel must include at least one physician.

3. (c) In determining a continuing threat, a panel will consider:

   1. (1) the definition of continuing threat to the public welfare, as defined by §151.002 of the Act;
   2. (2) the actions or inaction of the licensee;
   3. (3) whether the public harm alleged is more than abstract, hypothetical, or remote; and
   4. (4) whether there have been prior complaints, investigations, or discipline of the same or similar nature against the licensee.

4. (d) A member of the General Counsel staff shall act as hearings counsel and assist the panel as follows:

   1. (1) provision of advice on legal processes and procedural issues including evidentiary rulings;
   2. (2) asking questions to clarify issues during the proceedings; and
   3. (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.