1. (a) Certain violations of an order by a probationer are of such a nature that the continuation in practice by the probationer shall be considered a continuing threat to the public welfare. Such violation is grounds for a temporary suspension hearing as provided under Chapter 187, Subchapter F of this title (relating to Temporary Suspension and Restriction Proceedings) or for automatic suspension pursuant to terms and conditions of the probationer's order. Such violations include, but are not limited to:

   1. (1) failure to pass the Special Purpose Examination within the required number of attempts;
   2. (2) failure to pass the Medical Jurisprudence Examination within the required number of attempts;
   3. (3) testing positive for a prohibited substance;
   4. (4) failure to timely submit to a drug and/or alcohol screen;
   5. (5) refusal to submit to a drug and/or alcohol screen; and
   6. (6) any attempt to circumvent or tamper with the accuracy of a drug and/or alcohol screen.

2. (b) Violations of certain terms of a remedial plan may constitute grounds for automatic suspension as set out in the remedial plan. Such violations include, but are not limited to:

   1. (1) failure to pass the Special Purpose Examination within the required number of attempts; or
   2. (2) failure to pass the Medical Jurisprudence Examination within the required number of attempts.

Source Note:The provisions of this §189.9 adopted to be effective May 9, 2002, 27 TexReg 3776; amended to be effective September 30, 2012, 37 TexReg 7486.