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 §187.41 of this title (relating to Temporary Suspensions) 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.

Source Note:The provisions of this §189.9 adopted to be effective May 9, 2002, 27 TexReg 3776.