1. (a) A third-party monitor may recommend that the licensee complete a competency evaluation if they have a good faith belief the individual poses a continuing threat.
2. (b) A recommendation must be reviewed and approved by the Chair of the Disciplinary Process and Review Committee (DPRC).

3. (c) If approved, the following procedure applies:

   1. (1) the compliance officer will notify the licensee of the evaluation;
   2. (2) the approved program must send a written report regarding the performance and results of evaluation directly to the compliance officer;

   3. (3) upon completion of the competency evaluation, the licensee may be required to appear before a panel of board representatives;

      1. (A) Informal Settlement Conference (ISC) processes under Chapter 179 of this title will apply to these appearances, except:

         1. (i) the notice of the ISC to review the competency assessment must be provided to the licensee at least ten days prior to the date of the ISC; and
         2. (ii) any information the licensee wants considered at the ISC must be received at least five days prior to the date of the ISC.
   4. (4) Nothing in this paragraph limits the board's authority to conduct a temporary restriction or suspension proceeding under §164.059 of the Act.

   5. (5) The panel may make recommendations for appropriate action, including but not limited to:

      1. (A) a requirement to follow all the program recommendations,
      2. (B) necessary re-training;
      3. (C) re-education measures;
      4. (D) practice restrictions; or
      5. (E) a recommendation to convene temporary restriction or suspension proceedings if a continuing threat is identified.

Source Note:The provisions of this §181.8 adopted to be effective January 9, 2025, 50 TexReg 376.